Q: Being garnished now by a collector that received the judgement in 2013 and failed to collect.
I was never notified by the collection agency of garnishment. Only received a copy of the Writ of Periodic Garnishment from the cities auditing department after money was deducted for earnings. I received the document on Feb. 19th post marked Feb. 14th. Is the statute up on this? They failed to collect the debt why now. They are taking monies I need. 62 years old with illness trying to retire.
A: If the money in your account is not exempt, (exempt funds, for example, are SS Disability and various retirement funds), the creditor is likely permitted to garnish. You may wish to file a Motion for Installment Payments with the court. In some cases, but not all, this type of Motion may stop the next garnishment. I suggest you contact the creditor to see if you can enter into a payment plan and stop the nest garnishment.
Trent Harris agrees with this answer
A: I'm sorry to hear this is happening to you. I concur with Mr. Alexander's advice.
Also, you should know that as long as a judgment remains unpaid, the creditor can still renew the judgment every 10 years and continue trying to collect it. If you are judgment proof, maybe you can convince the creditor from trying to collect you anymore. Some creditors are willing to hold off if you can prove to them that you have no garnishable income, and have no assets of value to them. The downside to this is that it could result in the creditor sending the IRS a Form 1099-C reporting canceled debt to the IRS as imputed income.
Another option you may wish to consider is the possibility of filing bankruptcy. Maybe it could help you to get rid of this debt, and any others you are having trouble paying, for once and for all with no more collection attempts.
For further information, consult with a bankruptcy attorney in your area.
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