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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118086
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being garnisheed about a credit card that I supposedly

Customer Question

I am being garnisheed about a credit card that I supposedly had in 1996. LNV Funding gave this to a local attorney and they sent a claim through to my employer. I never signed anything with this company and I see they are being sued for claims that they bought and are collecting on. This order has had more than the original amount taken out of my paychecks and the small claims clerk said the attorney may have gotten those payments and they are not even following the numbers on the court order. What can I do to stop this?
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.
Is there a court judgment against you? The only way they can garnish you is they had to have sued you within the statute of limitations, which in Indiana is 10 years from date of last payment. If they sued and got a judgment and you were never served any suit, you need to file an objection to garnishment in the court that issued the garnishment and you need to find out how they got a judgment without notifying you and serving you the suit so you could answer and defend and get the judgment vacated.
You need to use a local consumer protection attorney and upon proving they did not properly file the suit and obtained an improper judgment you can get sanctions and attorney's fees awarded to you and the garnishment stopped as well.