CA debt collection law, can a creditor sue and garnish my wages for a 3 year old credit card debt

I do not practice law in California, but generally yes, you can be sued and have your wages gaarnished for credir card incurred three years ago. Generally the creditor has up to seven years to try and collect the debt. Assuming that you have no defense other than that you just could not afford to make the payments, the company can get a judgment against you. They will then seek to have it enforced. They can go after your assets, or if you really don't have any assets that you aren't protected by California law, they can garnish your wages. The judge decides how much they can garnish. Generally this is a formula that the court follows and depending on your jurisdiction, it may or may not take into consideration your other debts.

You would probably be better off to tryand work with the credit card company and set up some type of payment plan. That way the attorney fees and the cost of going tocourt are not added on to the amount you owe. Good luck!

Yes you can be sued and the credit card company can get a judgment againt you if they win the lawsuit. But under Federal law the most the credit card company can take from your wages is 25%. The law is set forth in United States Code Title 15 section 1673. If you file for bankruptcy all collection actions must stop immediately.

The Statute of Limitations for the State of California is 4 years for written and open end agreements, which credit cards are.

Yes, the statute of limitations for credit card debts, as in any written contract, is 4 years from the date the account is closed. Theoretically, the credit card company can sue you, and if they win or if you do not file a timely response to the complaint, obtain a judgment agaisnt you. Once they have a judgment, one way of enforcing it is to levy on your wages. However, they can only garnish up to 25% of your net income (your take-home) per pay period. If you do not make enough money, you can file a request for claim of exemption with the Court and a judge will then decide how much they can take from your wages, if any. As in any case, you should consult with an attorney before you are sued to discuss the best options. I can be contacted at:
The Law Offices of Stephen Benda
(650) 323-6600