Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments
Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....
A: Yes. You can file a motion to challenge the garnishment and get an accounting.
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A:
No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:
1. Statute of limitations - They can only sue or collect for a limited number of years, which has long passed after 17 years. The statute of limitations clock starts from the date of your first default.
2. No double garnishment allowed - Since they already garnished you previously for this same debt and collected $20,000, they have likely exceeded collecting what was actually owed. Trying to garnish again would generally not be permitted.
3. Violation of Fair Debt Collection Practices Act - Trying to revive and collect a 17 year old debt that surpasses your state's statute of limitations and has already been paid to a satisfactory level could constitute unfair and harassing collection behavior under federal law.
In summary - you cannot be garnished again 17 years later for the same defaulted car loan, especially if you already paid $20K previously. Any new garnishment should be halted immediately and the collector reported for violating debt collection laws. You may want to consult a consumer defense attorney regarding your rights and ability to end the collections.
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