Q: Garnishment and GA Statute Law
I missed court in 2005 and have had repeated garnishments due to a breach I'm payment plan. I'm not working and I'm a student. When I called the collection agency said they world garnish. At this point the statute has run out. What do I need to do and who do I prove it to?
A:
I'm not sure exactly what you mean when you say that "the statute has run out". I'm assuming that you're saying that the judgment is no longer enforceable. If that is the case and if you are very certain that the period during which the creditor can renew the judgment has also expired, you may be able to stop the collection action by simply notifying the collection agency that the judgment is no longer valid.
However, it would be worth your while to talk to a consumer attorney in your area for several reasons. One is the risk of miscalculation--if the creditor still has the option of renewing the judgment and does so in response to your objection, the judgment can be repeatedly renewed and this debt could haunt you for a very long time.
In addition, if the collection agency is attempting to collect on a time-barred debt and threatening actions no longer available, the agency may well be in violation of the Fair Debt Collection Practices Act and/or state consumer protection statutes. And, you don't say whether or how this debt is appearing on your credit reports, which may be something else you need to get cleaned up.
Seriously consider talking to an attorney before taking any further action.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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