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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9910
Experience:  Just Answer consultant at Self employed
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I have a debt of 675.00 dollars in 1997 to Apex School

Customer Question

I have a debt of 675.00 dollars in 1997 to Apex School recently a debt collector have took from my pay check almost 3000 I still have to pay him 300 dollars which I think is no legal and is not fair he call me to my cell to my job and keep doing my life miserable my head don't have good intention no mere Can anybody help please?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: new York state
JA: Have you talked to a lawyer yet?
Customer: not
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

I am sorry to hear this;

how did he get access to your paycheck?

Customer: replied 11 months ago.
Martial send paper to my job I need t know if is legal that for 675.00 dollars with those technical words that only lower understand can be change to pay almost 4 thousand
Customer: replied 11 months ago.
the debt was in 1996 which I never pay because school never give me. My diploma and the class was a mess
Expert:  legalgems replied 11 months ago.

If the debt was a private loan, the statute of limitations applies, and the debt would be time barred (ie it would be too old of a debt for the lender to get a judgment for collection purposes).

However, if the consumer was served papers and did not appear in court, the court will enter a default judgment, granting the lender the relief requested (the judgment in the amount requested).The creditor would then provide an income execution t the marshall, who would then serve the consumer (within 20 days) notice of this.

The consumer has 20 days to contact the marshall to arrange voluntary payment; if this is not done then the marshall will contact the employer and 10% will be deducted from the paycheck.

Fortunately it is possible to have the judgment vacated. In order to do this the consumer must provide the court with a reasonable excuse for missing the original court date along with a valid, legitimate defense - this must be done within 1 year of notice of the judgment; if notice has not been provided, then the 1 year period does not start to run.

To vacate a judgment it is best to have an attorney help prepare and present the case to the court, because this is in essence the consumer's "last chance" to contest the debt.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!