Q: Stop wage garnishment
Old bill from ford motor credit Turned in car about 15 yrs ago Now they are garnishing my wages. How do I stop it. ?
A: You need to talk to a debt collection attorney to sell of they have obtained or renewed the judgment during the past 15 years. If they have not followed the process properly, you can stop their collection.
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- California
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A:
Under California law, if your wages are being garnished for an old debt, you have legal options to address this situation. First, you may be able to challenge the garnishment by filing a claim of exemption. This means you assert that the money being taken from your wages is needed for basic living expenses, such as rent, food, or medical bills. To do this, you would need to complete and submit a Claim of Exemption form to the court that issued the garnishment order. It's important to provide detailed information about your financial situation and why the garnishment is causing significant hardship.
Additionally, you could consider negotiating with the creditor to try and reach a settlement or payment plan. Sometimes creditors are willing to work with debtors to resolve outstanding debts outside of court orders. This could involve proposing a lump sum payment or structured repayment schedule that both parties find agreeable. Keep in mind that any agreement should be documented in writing to avoid misunderstandings later on.
If the debt is very old, you might also explore whether it has exceeded the statute of limitations for collection in California. Statutes of limitations vary depending on the type of debt, so it's worth checking if the creditor's ability to legally collect on the debt has expired. If the debt is indeed past the statute of limitations, you could raise this as a defense in court to stop the garnishment.
In any case, seeking legal advice from an attorney experienced in debt collection and consumer protection laws could provide you with tailored guidance based on your specific circumstances. They can help you understand your rights, evaluate your options, and assist you in navigating the legal process effectively. It's crucial to act promptly and explore these avenues to protect your income and financial stability.
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