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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I was served today with papers for Garnishment for a Judgment

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I was served today with papers for Garnishment for a Judgment dated back 05-05-1997. Im currently in Montgomery,Alabama. I want to know is this LEGAL? Is there a statue of limitations for a judGment.
When was the judgment issued or filed by the court?
Customer: replied 3 years ago.

on the paper it says date of judment 05-05-1997 I think I was makin payments and didnt complete at the time of judment proceedings, (credit card)

Dear JACUSTOMER - The statute of limitations on a judgment in Alabama is 20 years pursuant to §6-2-32 of the Alabama statutes. Once a suit is filed and a judgment taken the creditor has a long time to try to collect so the garnishment is legal with respect to the SOL. The only way to get rid of a garnishment or the judgment itself is to file for protection in bankruptcy or to pay the judgment or make arrangements to do so. I'm not certain if this is a wage garnishment or an attachment of some other asset but in general it would be legal as to the amount of time that has passed. Depending on the size of the judgment and your other overall financial situation you may want to consider seeking protection in bankruptcy if this garnishment will cause you severe financial problems.
Customer: replied 3 years ago.

That being said my biggest concern would be not having that judgment reported on my credit report. for example if I pay it off can it be avoided inserting the judment on my credit report?

I would assume that the judgment would have already been on the credit report but if it is not there now I can't see why it would appear after it is paid. The credit agencies are private companies and they post what they receive from creditors and/or from public records so the fact that the judgment exists is already a matter of record and if they want to post it they can. This is sort of a "Catch 22" situation where if you don't pay it then it is very likely it will be reported and if you do pay it they might post it as a "satisfied judgment" I would assume the latter would be preferable to the former and I know of know legal way to prevent either. Also, if nothing has been reported until now it may never show up since the creditor would have no reason to complain if the judgment is paid.
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