I was served a writ of garnishment after the 6 year statue of limitations had expired. Is that legal, and if not, do I have any recourse?

Asked 10/31/2009 under Bankruptcy | 486 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Bankruptcy Law Answers

I am a lawyer in CT and practice in this area of the law.  If the lawsuit where the creditor obtained a judgment to file the garnishment was commenced within 6 year statute of limitations, the garnishment is valid.  In other words, a creditor on a breach of contract action has 6 years fromt he date of the breach to file a lawsuit.  once the lawsuit is filed timely, the statute of limitations becomes moot.  once a judgment entered in the case, the creditor has 20 years fromthe date of the judgment to enforce it.  I suggest that you try to negoitiate a deal to pay off the judgment.  if you can afford a laywer to help you, I would suggest meeting with one to help you.

Related Bankruptcy Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com