Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.
Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my report around November 2022 possibly. Anyways there has not been an action or order prior to this done today, I have had no communication with them or "restated the clock" or otherwise paid, attempted to pay or communicate with them, so would this be considered time barred?
A:
No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute
of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.
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