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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110594
Experience:  Attorney experienced in commercial litigation.
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I had a vehicle repossessed in 1998. The bank that carried

Customer Question

Hi! I had a vehicle repossessed in 1998. The bank that carried the loan for the vehicle, closed the account as a write off. A company called US Equities Corp via Linda Strumpf continue to file papers against me to garnish my wages. Is this possible to do after so many years?
JA: What state is this in? And how old is the car?
Customer: New York, the car was a 1995 I believe.
JA: Have you consulted a lawyer yet?
Customer: No I haven't.
JA: Is there anything else important you think the Consumer Protection Lawyer should know?
Customer: I was out of state under active duty military orders when court appearance papers were filed against me in 2006.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The first thing is you need to check is the date original suit was filed by the junk collection agency. There is a 6 year statute of limitations in NY from the date of your last payment for them to file suit. If they filed beyond that date you can seek to file a motion to object to garnishment and vacate judgment based on it being filed beyond the statute of limitations.
Unfortunately, if you cannot attack the judgment and get it vacated, yes, a judgment in NY is good for 10 years and can be renewed. SO, yes, if they obtained a valid judgment against you, then they can still seek to enforce this judgment against you through garnishment.

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