Can my wages still be garnished 11 years after a judgment for a debt collection?

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Can my wages still be garnished 11 years after a judgment for a debt collection?

After garnishment judgment there was no contact at all from collector until a few weeks ago requesting garnishment from my employer.

Asked on August 23, 2011 Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most states in this country the laws of each state will set forth how long a judgment is good for whether it can be renewed, and the number of times it can be renewed. In California, a judgment is good for ten years, but before the expiration of ten (10) years, the judgment creditor can make an application to have it renewed with the superior court where the judgment was issued. The superior court typically grants the request.

In your situation, if the judgment against you is more than ten (10) years old, the judgment against you may have expired and might never have been renewed. If the judgment has expired or was never renewed (and is required to be renewed to be valid), there is a chance that the wage garnishment against you might not be valid.

You need to go down to the court house, pull the court file, see when the judgment was entered against you, see if there was any renewal of it (you would have had to receive written notice) and then confirm under the laws of your state how long a judgment is good for.

If the judgment has expired, you need to file a claim of exemption regarding the wage garnishment concerning this judgment.

Good luck.


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