I had a judgment to garnish my wages from a old credit card . I did not know about it . Am I able to challenge the judgment ?

Asked over 1 year ago - Dallas, TX

When I was 17 the bank gave me a credit card for $ 6500 . I was late onetime and the APR went up to %30 or something . I called and asked if it was gonna stay like this and they said yes . I stopped paying . Later on in life I found out with 6 months on time payment it would go back down . Its been 13 years

Attorney answers (4)

  1. Andrew Davis Oostdyk

    Contributor Level 9

    4

    Lawyers agree

    Answered . An unsecured creditor should not be able to garnish wages in Texas. Contact a local competent attorney asap to stop this activity.

  2. Patrick Begley

    Contributor Level 14

    3

    Lawyers agree

    Answered . Definitely consult with a debt defense attorney. 1) You were a minor when you made the contract which will typically make the contract unenforceable. 2) If you haven't paid on the card in 13 years, it is outside the statute of limitations. 3) It would be highly irregular for a creditor to be able to garnish you for unsecured debt here in TX unless the debt came from out of state. You should be able to get rid of the garnishment. Hope this helps and best of luck!

    The information provided in this post is not "legal advice." Rather it is general information on common legal... more
  3. Michael J. Ireland

    Contributor Level 12

    4

    Lawyers agree

    Answered . I agree with Attorney Gruber.

    You definitely need to speak with a competent, local collection defense attorney to learn your rights and responsibilities concerning this debt. There might be defenses and there might be a basis to set aside the judgment, but that is not something that can be worked out here.

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general... more
  4. Diane L Gruber

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If the creditor has a judgment against you, they can garnish your wages. Before that happens I suggest you go to the courthouse and get copies of all the documents in the case file. Then take these papers to a local attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,776 answers this week

2,940 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,776 answers this week

2,940 attorneys answering