Can a collection agency collect on a date older than 4 years in california and then sue me for said debt and garnish my wages.

The practice of attempting to collect stale debts after the statute of limitations has run is often referred to as "zombie debt collection." (See http://www.forbes.com/2008/10/31/debt-creditors-default-pf-education-in_af_1031investopedia_inl.html for a helpful article on the subject.)

You should consult with a local attorney to discuss the particulars of your matter and for any specific legal advice about whether the debt is enforceable or whether the statute of limitations has run.

If you cannot afford to retain an attorney, the Voluntary Legal Services Program of Northern California holds a weekly Debt Collection Defense and Bankruptcy Clinic in downtown Sacramento every Tuesday evening at 5:00 p.m., by appointment only. (For more information see http://www.vlsp.org/debt.asp.) You may call(916) 551-2102, to make an appointment.

An unpaid debt can be collected forever in California. The statute of limitations is an affirmative defense that may be used if the debt collector files a lawsuit against you in court. The statute of limitations is not a defense to collection letters and telephone calls. However, it is a violation of the Fair Debt Collection Practices Act ("FDCPA") for a debt collector to sue a consumer on a time barred debt OR threaten to sue a consumer on a time barred debt (a collection action which cannot lawfully be taken). Most employer contact (more than merely seeking contact information) also violates the FDCPA. In any event, you should consult an attorney who has experience defending debt collection cases and enforcing the FDCPA if you are sued or the collection harassment continues.

Finally, you can send the debt collector a cease and desist letter via certified mail. This usually stops the collection calls and letters immediately. A fill-in-the-blank cease and desist letter can be found using this link.