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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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I had a garnishment on my bank account old credit

Customer Question

HI, I had a garnishment on my bank account for a old credit card. The first judgment was in 2003 in Oregon. Then again in 2014. I was wondering what the statute of limitations are for that? And I never received a summons or complaint. Thank you, Carey
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Also there are 4 checks deposited that were in someone else name. 2 were for auto insurance claims. The other 2 were payroll. Can that be exemptions? Plus paypal sales too
Customer: replied 1 year ago.
The garnishment was for $3,695.98. The 4 checks totaled $ 3,891.
Customer: replied 1 year ago.
The sum that is delinquent was $4,478.13
Customer: replied 1 year ago.
They left my bank with a zero amount
Expert:  Phillips Esq. replied 1 year ago.
Hello Carey: This isCustomer I am a licensed Attorney and I will be assisting you today.
HI, I had a garnishment on my bank account for a old credit card. The first judgment was in 2003 in Oregon. Then again in 2014. I was wondering what the statute of limitations are for that? And I never received a summons or complaint. Thank you, Carey
Response:Oregon Statute of Limitations for credit card debts is 6 years. Statute of Limitations on Judgment is 10 years. However, if you never received the Summons and the Complaint and you are only finding out about the case through the garnishment, then you need to file Motion to Vacate the underlying Judgment. If granted, the garnishment Order would be removed and all the funds wrongfully garnished from your account must be returned. You can obtain Motion forms at the Courthouse in the Clerk’s office.
Also, you are entitled to exemptions--to legally shield some of your assets from garnishment pursuant to Oregon Statutes. So, some of the funds taken may be exempt from levy. Click on the links below for more information:
http://www.oregonlaws.org/ors/18.345
http://www.nolo.com/legal-encyclopedia/oregon-bankruptcy-exemptions.html

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