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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117370
Experience:  Attorney experienced in commercial litigation.
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Not sure where to turn. My son had a judgement filed against

Customer Question

Not sure where to turn. My son had a judgement filed against him in 2010 from an old credit card that was issued when he was 18 years of age. Citibank recently sold this debt to a shark collection agency. They recently garnished his pay for over $500 a month for 9 months. There is no way he can afford this amount. Is there a statue of limitations where he can fight this? He has moved around since he was 18 and never received any notices. Should he have been served before garnishment starts. THanks for your advice, J. Hawkinson
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.

Unfortunately, if he got a judgment against him that he never fought, the judgment is good in Louisiana for 10 years and can be revived again for another 10 if they file in court to revive that judgment. He can file an objection to garnishment in the court and present significant financial hardship information to the court to seek to reduce the garnishment or he would have to try to negotiate some payoff settlement with the company.

His employer was the one that was supposed to give him notice of the garnishment prior to the garnishment starting and then when he got that notice from his employer he would have to file an objection to garnishment in the court where it was issued and prove his hardship with a detailed financial statement.

IF he cannot afford an attorney to assist in objecting to the garnishment, he can go to the local legal aid office in your parish for assistance in representing him to try to at least reduce the garnishment.