Can a garnishment be stopped for a credit card bill that is over 3 years old?

Debt was sold to a collection agency over 2 years ago. They were given judgement this month because we missed the court date. We later filed papers with the court showing that the original account had no activity for the last 6 years (due to Hurricane Katrina) and that the statute of limitations on debt in MS is 3 years.

Asked on August 24, 2011 Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have your wages being garnished it is because that there is a judgment against you. In order to stop the wage garnishment you will need to try and set aside the presumed default judgment that was obtained against you.

In order to set aside the presumed default judgment against you, you will need to file paperwork with the court as soon as possible showing why the default judgment needs to be set aside (usually a showing of mistake, inadvertence or excusable neglect by you) so that you can have your day in court so you can assert your statute of limitations defense of three (3) years.

If there is legal aid program in your county, you should consult with it to assist you in your matter.

Good luck.


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