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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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Today I have received a attached earnings withholding order,from

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Today I have received a attached earnings withholding order,from a Modesto court saying I have been sued from IRM corp. On a debt that is from 1993, isn't the statue of limitations ran out?
Welcome and thank you for your question!

I am very sorry to learn of your experience. That was quite a surprise, I'm sure. Let me ask you this: what is the date of the original court judgment? I'm not asking for the date of the withholding order. Rather, I want to know what is the date of the original court judgment.
Customer: replied 4 years ago.

The original court judgement was 4/21/1993.

Customer: replied 4 years ago.

My check will have the withholdings starting 9/8/12. If they take money out of my check am I committed to paying this? I don't know if I can get to court in time to stop this.

Thank you very much. I am sorry for the delay in my follow-up.

In California, a judgment is good for 10 years. Since the judgment was entered on 4/21/1993, they had 10 years to collect on it (4/21/2003). HOWEVER, California law also allowed them to RENEW the judgment for another 10 years.

You can contact the court to see if, in fact, they did renew the judgment for a second time. If they did, that would allow them until April 21, 2013 to collect.

This process is explained here: http://www.courts.ca.gov/8207.htm

If you learn from the court that they did not properly renew the judgment a second time, then that would be a basis to go to court and fight the attached earnings withholding order.

If the judgment was properly renewed, then there is not a basis for you to fight it.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
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