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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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I had two charge cards both issued by Chase Bank. One ...

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I had two charge cards both issued by Chase Bank. One opened in 1993 and the other 1998. I was current with payments until the 2001 stock market crash. Both charged off. One was sent to a law firm. Eventually they started garnishing my wages. Didn''t have the money to continue making monthly payments. What is the statute of limitations on charge cards and was this legal for the law firm to garnish wages.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 5 years ago.

helloCustomer

Please tell me the state you are in and the date of the judgment received against by the law firm debt collector, and when did you make your last payment to the creditor? Thank you and I will be happy to help you.

Customer: replied 5 years ago.
I am in Phoenix, Arizona currently. The judgement was entered on January 3, 2006 in the Dreamy Draw Justice Court in Maricopa County. case no: CC2006000537.

I am not certain when I made the last payment to the law firm. I have not kept great records. I can find out by getting my Wells Fargo statements from around that time and let you know.
Expert:  VanDLaw replied 5 years ago.

Thank you for the information. I do not need the exact last payment since the Judgment is not that old.

In Arizona a creditor has three years to bring a lawsuit against a debtor for non-payment. Look at the date they filed the Judgment and that is the date that must be within the 3 year period. If you were paying to the law firm you must go by the last date of payment, because you defaulted after you stopped paying.

In Arizona that statute of limitations is 10 years to collect on a Judgment that was entered against a debtor. However, many states allow judgments to be renewed one or more times, which could substantially extend the enforceability of a judgment, if the creditor is vigilant about the renewals. This can potentially result in a permanent legal obligation until it is paid.

It is legal for a garnishment to occur if a judgment is received against you and they can continute to garnish until paid in full with interest. The interest in Arizona is the Federal interest rate plus 5% max.

You could have asked for the Judgment to be vacated if you filed a statute of limitations defense but only if done within one year of the Judgment.

You may be stuck with this Judgment, even if it was filed outside the statute of limitation period. It can't hurt to contact a consumer law attorney and see if it is worth fighting.

Customer: replied 5 years ago.
One more question. Since the charge card was opened while living in another state when issued, why does Arizona law apply to the judgement? If I had known the law I guess I might have been able to vacate the judgment at the time. Unfortunately, fear motivated me to file a Ch 7 without having full knowledge of the law. Thanks for your help. I appreciate your comments on this question.
Expert:  VanDLaw replied 5 years ago.
When did you file Chapter 7? You didn't include these creditors in the Chapter 7? What state were you living in when you defaulted? That is the State law that applies.
Customer: replied 5 years ago.
I filed Chapter 7 in February 2008 when they garnished over $2000 from my bank account without any notice. I defaulted in Arizona. I currently live in AZ. Yes, these accounts are included.
Expert:  VanDLaw replied 5 years ago.

So your original question is just was it legal for them to do it in the first place?? Unfortunately yes, it was. However now that you have the debt discharged, the debts are gone and they can no longer attach property or bank accounts.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
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