How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118789
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What are the procedures to stop a garnishment from a credit

Customer Question

What are the procedures to stop a garnishment from a credit card company$
Submitted: 1 year ago.
Category: Consumer Protection Law
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
They have already obtained a judgment against you? What are they garnishing?
Are you head of household?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
This problem has been going on since 2002 Bank of America sold off the bad debt at the time that I was unemployed The insurance company did not make the payments on the credit card I hired someone to fix the problem they never did this went back-and-forth with the policy of the insurance company and now 15 years later my bank account has been garnished. I own a small business and I'm afraid they're going to garnish my business account
Customer: replied 1 year ago.
Also our household account was garnished
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In order for them to garnish you they had to sue you and get a judgment against you. They cannot garnish you without a court order. If they did not sue you over the debt within 4 years of non-payment, then the statute of limitations would bar suit now. You also need to read your bank account customer agreement, because if the credit card was tied to your bank account in the customer agreement, they could seek to recover from that account, but after 15 years the debt is expired. Your first step here is to not put any more money in BoA and change banks. Second, if they have no judgment against you to collect this debt, you need to file suit in court for them improperly taking your money in breach of contract and beyond the statute of limitations and seek an injunction as part of that suit to prevent them from doing so.
As you are in FL, the FL courts dislike pro se litigants, so you should have a local consumer protection law attorney representing you here to shut down the garnishment and find out about any alleged judgment and stop them from taking your money on this time barred debt.
Customer: replied 1 year ago.
The judgment they placed was in March 8 of 2008. The company I had hired to take care of this problem said it would be going on for seven years that would put it into March 2015 and they did this last week
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
I asked you above initially if they had a judgment against you and you said "No." If they have a judgment against you then they have a right to seek enforcement by levying your accounts. If you are the only name on the account and you are head of household, you would need your attorney to file an objection to garnishment/levy to stop the garnishment. You need to get yourself a local attorney, not some debt company who is likely not doing the job you hired them to do and you now need to file to object to the levy of the accounts.
Customer: replied 1 year ago.
I was informed that a judgment was on your records only for seven years? Is that correct
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, that is not correct. A judgment remains until paid off. A judgment in FL is good for 20 years and may be renewed again by the judgment creditor. A paid judgment remains on your credit report for 7 to 10 years, but as long as the judgment is still unpaid, it remains on your records and remains enforceable.
Customer: replied 1 year ago.
Do you know of any good attorneys in South Miami area
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
We are forbidden from making personal referrals, all we can do is suggest the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com