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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2602
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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A collection agency is trying to garnish my pay check old

Customer Question

A collection agency is trying to garnish my pay check for an old credit card debt. I got a copy of my credit report from the credit card companies. I called the collection agency and the debt was in 2007. Is there a statute of limitation for the state of Florida. I was told by my employers that I have 20 days to respond. What can I do. I don't have 3,000 to pay at this time
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  RONB-ESQ replied 8 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 8 months ago.

Generally before anyone can garnish wages, etc they must sue you and obtain a judgment. Then they go to Court and ask that a writ of garnishment be issued and sent to your employer. A judgment has a certain life (10 years typically) and towards the end if the creditor takes action it can be renewed for another period of time. Florida is unique in that judgments there are deemed valid for 20 years. You should have received notice of some lawsuit. You would have been personally served with the lawsuit unless you evaded them. If you evaded then they would get permission to just tape to your door and then the papers could have fallen off the door?? It is much harder to try and vacate a default judgment if that is what happened than to defend the original lawsuit.

Please provide me more background and let me know if you know anything about some old debt and maybe some old lawsuit. Whom ever obtained the judgment may have sold and a new company is now collecting on it??

Please ask follow ups so we get your question answered.

Ron