My wages are being garnished for a debt that is over 7 years old. What can I do?

Asked almost 2 years ago - Belleville, MI

To my knowledge, the statue of limitations in Michigan to collect and/or sue for a debt (credit card debt) is 6 years. To my surprise, my wages were garnished from my paycheck last week. I need to know what my options are to fight this since it is unlawful for them to do this.

Attorney answers (2)

  1. Ezra N. Goldman

    Contributor Level 16

    2

    Lawyers agree

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    Answered . You have a few mistaken assumptions here. The six year statute of limitations is the period in which they have to sue you. If they are garnishing you, they did sue you and obtain a judgment against you. That judgment is good for ten years and could be renewed after that. So, that fact that the debt is, let's say 8 years old does not have any impact at all on the legality of this garnishment. could have sued you after 5 years and still have a judgment that is good for another 7 years. What is a little disturbing here is that you seem not to know you got sued. You would have had to have gotten served before they took a judgment against you. If you were not, you could move to set aside the judgment. And you can always file a motion for installment payments to stop wage garnishment. But the answer to your original question is that the time frames indicated to not show that anything illegal has taken place.

  2. James T. Weiner

    Contributor Level 15

    Answered . I agree with the other attorney .. the statute of limitations is 6 years from the last charge (and a payment can revive the debt so ) that means you have a defense if they sue you after that time -- not that they cannot sue you at all (e.g. you have to answer and raise the statute of limtations as a defense if they sue) . Once they get a judgment judgments are good for 10 years from the date of judgment.

    Now the only way they can garnish is to actually have sued you and gotten a judgment. So they apparently sued you.

    A motion to overturn the judgment requires BOTH a valid defense and a valid reason why you did not answer. If you had personal notice and did not answer.. pay the judgment. However, if you did not have notice of the suit.. (suing you requires service on you personally unless they could not find you and they got a judge's approval for alternate service. So you need to look at the origonal record of the lawsuit.. The case number and court should be on the garnishment) .. AND if you had a defense (such as they sued you after the 6 year time period was over) , you can try to file a motion to overturn the judgment.

    This will be much easier if you hire an attorney

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more
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