Michael P Darrow's Answers

Michael P Darrow
Annapolis Construction / Development Lawyer.
Contributor Level 6

3

Attorney answers:

  1. Brett D Weiss
  2. Michael P Darrow
  3. Steven Ray Davis

I have an outstanding student loan that is 30 years old, can a collection company garnish my wages over this old debt

Asked by a user in Brooklyn, NY - over 3 years ago.

Although I practice in Maryland I doubt they can do anything. First the Staute of Limitations has probably run. And even if they obtained a judgment, if it was not revivied it probably has lapsed. Alot of time collection companies buy old debt and take a shot at collecting. So demand proof of what they have

5 people marked this answer as helpful

1

Attorney answers:

  1. Michael P Darrow

Can a judgment debtor request a lower amount on monthly payment plan

Asked by a user in Maryland - over 3 years ago.

You do not "have" to pay any amount. But since he has a judgment against you that gives the Plaintiff alot of powerful tools. Still you may have exemption rights. Plus if judgment is only against you and you are married you may have other defenses to seizure attempts. Did the sheriff actually levy or do an inventory?

3

Attorney answers:

  1. Jonathan Gregg Stein
  2. Michael P Darrow
  3. Gregory J. Jalbert

Creditor has garnished my wages for wife's credit card is this allowed under CA laws stopping wage garnishment

Asked by a user in Temecula, CA - almost 4 years ago.

Although I am in Maryland I can say that unless you agreed to be responsible on some credit card application that you should not be liable for your wifes debt obligations even though it is a community property state as that term applies primarily to domestic issues

3 people marked this answer as helpful

1

Attorney answers:

  1. Michael P Darrow

Wage garnishment on 20 yr credit card debt?

Asked by a user in New York, NY - over 3 years ago.

First thing to do is verify if the judgment hasn't lapsed. In Maryland they are only good for 12 years unless renewed. You can probably check that on line. Next demand an accounting. Interest probably has run on the judgment but lawyers can make a mistake in the calculations.

1 person marked this answer as helpful

2

Attorney answers:

  1. Gordon Charles Webb
  2. Michael P Darrow

I have sent a collection agency a cease and desist letter regarding a debt over 12 years old.

Asked by a user in Vancouver, WA - over 3 years ago.

I believe that you may well have a claim under the Federal Fair Debt Collection Act so look that up. You have a Federal claim that can be brought in state court. But you have to get a local attorney to do that