papers put in my door say you have been served. almost 48 months since last credit card payment . have never made any repeat ANY contact with the collection people. my wife told them of my son of the same name (true) using this as a mailing address ,but he lives in another state.
Country relating to Question: United States
State (if USA): California
Hello,.Thank you for using JA..Are they attempting to sue you or your son?.Are the papers a summons and complaint?.If the debt is yours, is it a valid debt?.Are you sure it is not over 48 months?.
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they are atempting to sue me im ~my wife is tring to infer its my son . "LIMITED CIVIL MATTER " the dept is valid right at 48 months
they have made no contact with ME can they garnish my wages if my humane resourses office is gullible ??
, cavalry spv i, llc limited civil matter e what obligation do I have in court ??
Ok, I saw you opened a new question to reply so I closed it so you won't be charged again. This was your post:."credit card dept is mine. i could not pay credit card and morgage I had three. Its been since early 08 since my last payment. they have contacted my human resourse dept and have gotten information there can they garnish me ".If they didn't personally serve you and just left the papers in the door, you could argue that they didn't get proper legal service on you and ask that the suit be dismissed. The only time they can "post" a summons is when it is an eviction action. If they didn't personally hand the summons to someone living at the house, or send it certified mail along with a copy sent first class mail, that is bad service of process and can be grounds for a dismissal..The statute of limitations on a credit card debt is 4 years (48 months) after the account goes into default. So that is why they are trying to sue you now. In a short time, if they don't sue the debt will be uncollectible by law. .So if you dispute the service of process by arguing that the court doesn't have personal jurisdiction over you because you were never legally served, the judge might dismiss the case and force them to refile. If they can't refile by the time the statute of limitations runs, then they would be barred from collecting on the debt..However, it is not unheard of for process servers to lie and say they did personally serve someone. If they try this, then it would be up to you to prove that you were elsewhere and that no one was home that could have received the summons. If they say they served you, and you were at work, you can get a letter from your employer stating that you were there and couldn't possibly have been served..But if the judge doesn't throw the case out for bad service, then they would then be able to get a judgment against you and get an order to garnish your wages up to 25% until the debt was paid..The only way out of it at that point would be to file bankruptcy to discharge the debt..
13 yrs practice, Realtor, Landlord 24+ yrs
can they garnish me if my human resourse officer is gulibel
No, Not until they actually get a legal judgment against you. Until they do so, the HR officer can't legally withhold any portion of your wages and turn it over to the creditor..
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