Q: I just received in the mail sheriffs income execution.
I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this debt was taken off my credit report many years ago due to being invalid, please advise me on what I should do next because The debt is now $8000 and obviously not valid. Is there any type of statue of limitation’s or what would my best course of action be considering it was almost 10 years ago. I’m about to have a baby and cannot really afford any money taken out of my paycheck for somethings not valid . Thank you for your help.
I also want to add that the company is permanently closed that the loan was initially from.
A: Judgments are good for 20 years. Your only option is to try to vacate the judgment, which requires a motion. Cost and likelihood of success depend on which court issued the judgment.
You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.
Barring a vacatur of judgment, you could contact (personally or through an attorney) the judgment-creditor—the entity trying to enforce the debt—to try to work something out. Alternatively, if you had other debt, or it was worth it to stop this garnishment, you could explore a bankruptcy which would stop the garnishment. The first option, a settlement, may be more productive if the judgment-creditor knows you are considering a bankruptcy.
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