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My car was repossessed in2001 now it's 2013 an I got garnished papers at work, can they garnish from12 yrs ago?

Rocky Face, GA |

It has been 12 yrs since they repossessed an sold the they r trying to garnish my wages . They served papers at my work just recently.

Attorney Answers 4


You need an experienced consumer debt defense attorney to review copies of the court files to determine whether the garnishment is proper. An attorney will need to review a complete copy of the case file that ends in the judgment and the current garnishment file. If the collection attorney did everything right, it is possible for them to garnish you twelve years after the repossession. You need an attorney to see if they actually did everything right.

Do you remember ever being sued for this debt? Where you ever served? That probably would have happened years ago.

It is not unusual for experienced counsel to find legal deficiencies in either the judgment or the garnishment. Many law firms (like my own) will do a free review of your documents to see if they can help. I urge you to speak with an attorney soon.

Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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When did the creditor obtain the court judgment allowing them to garnish? Court judgments can last a long long time, and in some states, may be renewed forever, making them have the life of a Vampire. Sounds like the creditor just found out where you were employed. Hope this perspective helps!

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As stated, the issue is not "when was the car repo'd", the issue is when were you sued and when did the creditor obtain the judgment?" Short answer, if the lender obtained a judgment, then wages are fair game.

To start, get a copy of the garnishment order; your payroll department should give you a copy. Then, go to the court listed on the garnishment and obtain a copy of the entire lawsuit file.

Then, get with an attorney to start sorting out your options.

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They probably can. They had a time period, probably 6 years after the repo, to sue you. Assuming they did and got a judgment, that judgment then lasts for 7 years, can be enforced by garnishment, and then renewed.

See an experienced bankruptcy lawyer to determine if that is a way out. He'll also look at the time periods and dates to see if you have other options and defenses.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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