How do judgements and garnishments work regarding time limits?
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How do judgements and garnishments work regarding time limits?
I bought a car and did voluntary repossession 7 years ago. They just started garnishing me for it 10 months ago. Had the statue of limitations expired?
Asked on August 23, 2011 Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a wage garnishment on your wages resulting from a voluntary repossession of an automobile that you turned in seven years or so ago, then most likely there is a judgment against you. Do you remember being personally served with a summons and complaint by the lender concerning your loan for this car?
If there is an old judgment against you concerning this loan, the chances of you being able to have it set aside are remote even with any claims of statute of limitations defenses. You need to go down to the court house and pull up the complaint and resulting judgment to get further clarification on the subject.
The time limit for a judgment being good in most states is ten years. Judgments typically can be renewed once for another ten year period before their expiration. The judgment against you most likely has not expired.
You might consider calling your county bar association to see if it has a program to assist people in answering questions like you have. Some county bar associations do provide such services.
Good luck.
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