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

UPDATED: Aug 24, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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