Under NY state debt collection law can a creditor try and garnish my wages for unpaid credit card debt

Asked almost 6 years ago - Bronx, NY

I live in NY and I recently received a garnishment for a 6 year 11month old credit card, which doesnt appear on my credit. This account was sold to Asset Acceptance LLC. Now Asset Acceptance is trying to collect $1945.00 from my salary. This judgment was enter in 12/06/06.

-My first question is how can a dispute this?
-By NY laws can they still try to collect a debt that is almost 7 years old. meaning the last transaction was 11/2001.?
-Can I try to settle this judment for less that the current balance?
-What could happen I decide to ignore this garnishment?
thank you for your help.

Attorney answers (3)

  1. Elliott M. Portman

    Contributor Level 13

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    Lawyers agree

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    Answered . A judgment is enforceable for twenty years from its entry. When the claim arose is immaterial.

    You can look at the court file to determine if you were properly notified of the lawsuit. If you want to dispute judgment entry, you can bring a motion to vacate the judgment, if you have a meritorious defense and a reasonable basis why you didn't respond to the service of the legal pleadings.

    You can try to contact the creditor's attorney and offer a settlement.

    If you ignore the garnishment, the creditor can continue to enforce the judgment. They might attach your wages or attempt to seize your bank account, among other things.

  2. Oscar Michelen

    Contributor Level 16

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    Lawyers agree

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    Answered . Just to add to Mr. Portman's answer - to try and clear the judgment by saying you were not properly notified can be a time-consuming process. If you tried to do it through an attorney, it would likely cost more than the judgment amount. If you ignore it, they will continue to garnish until the judgment plus interest is paid off. They can also serve you an information subpoena asking you to provide financial records and to list your property.
    Be aware that in addition to garnishing your wages, they can freeze your bank account as well if you have savings in it. I suggest trying to determine what the most is you can pay up front and try to get them to settle for that amount instead of garnishing your wages.

  3. Brett D Weiss

    Pro

    Contributor Level 18

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    Lawyer agrees

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    Answered . 1. Your wages cannot be garnished unless first you were sued, served, and a judgment was entered against you. Setting aside a final judgment can be difficult, if not impossible, to dispute.

    2. The statute of limitations is usually an "affirmative defense." This means that you must file an answer to the court complaint and raise statute of limitations as a defense, or it is waived. Debt buyers rely on the fact that over 90% of people served with suit papers never file a response, so they sue on all sorts of old debt, assuming that few will ever raise the limitations defense.

    3. Sure. However, if there is a garnishment in this amount, and it appears likely that the judgment would be paid in full, why would it agree to?

    4. Your wages will be garnished until the judgment is paid in full.

    Brett Weiss

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