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Zachary
Zachary, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What is SOL for judgement issued in state of VA on 2004 for

Resolved Question:

What is SOL for judgement issued in state of VA on 2004 for credit card arbitration procedure in absent of defendent?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

Hi,

Expert:  Zachary replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Zachary replied 2 years ago.
Hi,

Unfortunately, Virginia has the longest period of time to enforce their judgments. They can seek enforcement of the judgment within 20 years from the date judgment was entered into.

Below is the code section for Virginia addressing this issue.

2A:14-5. 20 years; judgments
A judgment in any court of record in this state may be revived by proper proceedings or an action at law may be commenced thereon within 20 years next after the date thereof, but not thereafter.

An action may be commenced on a judgment obtained in any other state or country within 20 years next after the date thereof or within the period in which a like action might be brought thereon in that state or country, whichever period is shorter, but not thereafter.

Please let me know if you need further information. If you find my answer acceptable, please rate me positively so I can receive credit for my work.

Best Regards,
ZDN
Customer: replied 2 years ago.
I have been served with garnishment paper for september 2012, what happens now? do I need to appear? IRS is getting 20% of my pay for back taxes.
Expert:  Zachary replied 2 years ago.
Yes,
You need to appear and you need to present documentary evidence showing that IRS is already taking 20%. You should also take any evidence you have that shows that you cannot afford to pay anything further as it will detriment your ability to pay your household needs.

Virginia law does not allow more than 25% of your wages to be garnished, so at the most, the court should not let them garnish more than 5%, as this would put you at the statutory maximum for garnishment.

Please let me know if you need further information.
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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