Richmond, VA asked in Bankruptcy for Virginia


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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Consumer Law Lawyer
  • Cary, NC

A: You are confusing things. A creditor can only garnish if there is a money judgment. So if a creditor is garnishing, it means there is a judgment against you. The statute of limitations only applies to the amount of time in which a creditor can bring a lawsuit after your debt is last paid. That time is 3-6 years in most states; there are a handful where it is longer. For enforcement of judgment purposes, judgments are there forever. They never go away unless discharged in bankruptcy or resolved. However, they can be enforced for a set period of time unless renewed.

I am not licensed in Virginia but it looks like judgments are good for 10 years and can be renewed for another 10 years. During that time, garnishment usually can be obtained and renewed until the judgment is satisfied or discharged.

You need to see an attorney who specializes in credit card defense or FDCPA violations or possibly bankruptcy as they will be familiar with the garnishment/judgment rules.

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