Asked in Collections for Tennessee

Q: My signature loan is over 10 year's old can they still garnish my wages or is their a statute of limitations?

After ten year's of default on this loan I was finally issued a wage garnishment for it. Isn't it past the statute of limitations?

Related Topics:
2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Collections Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: The statute of limitations is a defense that must be asserted/raised when the lawsuit is filed. If not asserted, the defense is "waived." Your question does not specify when the suit was filed, but apparently there is already a judgment against you ( the creditor can't issue a garnishment unless there is already a judgment.), meaning they already filed suit against you and won. Under current Tennessee, a judgment is good for 10 years.

Check the paperwork at the courthouse and get copies so you can be sure of the facts. Consult an experience lawyer fro specific advice.

Anthony M. Avery agrees with this answer

Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Your only hope is to set aside the Default Judgment. Hopefully you were not properly served. If the Judgment stands, you will need to hire a competent attorney to either exempt what is possible and live with it, or file Bankruptcy.

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.