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?

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
  • 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
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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