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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116291
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am currently being garnished at work debt to an insurance

Customer Question

I am currently being garnished at work for a debt to an insurance company that was over 10 years ago. In such I lost my license for and wasn't able to get back until paid and released back to the state as paid off. Well I have had my license back for 6 or 7 months now which tells me statue of limitations went into affect. I was never notified of the court date for the judgement. I found out about this through my employer through the garnishing of my checks. Turns out the address the insurance company had for me on the paperwork my employer got, was for an address I have never had or even been associated to. The initial debt total was around $2,500 and the garnishment is for over $6,000. Any help would be greatly appreciated.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
KS law says a judgment must be renewed every 5 years and if they missed the renewal time then that could be grounds for reinstating your license. If it was not renewed though, while the license could be released, if the debtor filed a motion to revive the judgment they could still come back and get a garnishment if the judgment is renewed.
What you need to find out is whether or not the judgment has been properly renewed every 5 years. You need to file an Objection to Garnishment in the court where the garnishment was issued and you need to seek to stop the garnishment based on the failure to renew the judgment in a timely manner and also failure to provide proper notice and in bad faith sending notice to an address you never even used.
Getting a local attorney involved to represent you generally will increase your chances of success in fighting not only the garnishment but finally getting this judgment completed and released as they could negotiate some settlement to end the judgment and finally close the case.
Customer: replied 1 year ago.
There is a little bit more to this that I didn't get out there at first. I had just recently got my license back from not having it for 10 years. But I had even went into this insurance office six months ago and asked they personally exactly how much I owed them cause I needed to get this settled. The lady I was talking to asked me my name to put into the system to find out. We'll she said I have nothing in here ever saying you owed us anything. And that she had no idea what to tell me. So I said well I will be in touch. The next day I call Topeka our states main dmv office to find out who I needed to pay or talk to to get that taken care of and he told me all I had to do was get a certified letter to the state asking for my license and I could get it back. So I did that and got it back no problem. And never went any further with trying to find out who or where I had the debt . I don't know if that makes any difference or not with how I should approach this. I just don't feel a $6,000 judgement without me even being notified about it after they told me they had no documentation that I ever owed them anything is fair to me. Plus making up some address out of the blue.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply and now the additional information.
You have to still do what I said above, to see if the judgment is still valid and whether or not it was properly renewed and get your objection to garnishment filed as soon as you can do so.