thy garnish my wages?

Question

in ky can thy garnish my wages and how much can thy garnish on a pay check of 350.00 dallors a week thy say i owe 3.100 dallors and get pair every week i really cant afford tem to do this since it takes every dallor to do this this is a bill from 10 years ago that hase resurvice on me

Answer 1

The statute of limitations in KY varies depending on the type of credit. This means that a credit card debt is collectable for so long, an installment credit obligation is collectable for perhaps a different length of time.

Do a search using the keywords "KY debt statute of limitations". Determine how long this is collectable for.
The time line will go from the date you last paid them - so don't pay anything until you know this information.

When any collection action goes to court, the only difference in whether you appear or not determines the type of judgement that is granted to the creditor. If you do not appear in court, a default judgement is issued. If you do appear, a summary judgement is entered.

The collection methods by way of garnishment doesn't change regardless of the type of judgement granted.

There is a method to determine "disposal income" in KY. Your other credit obligations do not enter into this equasion.

Your best option might be to contact the attorney handling the action to work out an agreed to order. This would be a mutually agreed amount that would be taken from your check and repaid toward the debt. I would try to negotiate the interest rate as well. Perhaps ask to waive past due interest, etc. or even future interest.

Be sure to check out the statute of limitations first before you do anything.

To determine the amount they could garnish, contact your local county court clerks office and ask them to mail you the calculation form or ask them to run the calculations for you.

You certainly could contact an attorney and if this debt is from 10 years ago I would suggest you do just that.

Most counties if not all in KY have legal aide attorneys for those that cannot afford an attorney. You might call them for legal assistance.

Good luck.

Answer 2

In KY, written contracts and promissory notes are collectable for 15 years. Oral agreements and open accounts are collectible for 5 years. http://www.cardreport.com/laws/statute-of-limitations.html

Garnishments are limited to 25% of disposable income after deductions for subsistence. http://www.fair-debt-collection.com/state-wage-garnishments.html#18

You need to defend this action when summonsed. The court will take your income and circumstances into account when determining the amount of the garnishment. If you fail to respond to the summons the court will proceed without your input and will probably determine that all of your income is disposable.

If this is all greek to you, you need to retain an attorney to protect your rights. And even if it isn't, you should always seek legal advice when facing this type of action.