Q: IS DEBT STILL VALID AND CAN i DISPUTE IF ATTEMPT TO GARNISH IS DONE AFTER 6 YEARS?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
