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New Member
STI2004RJ
Posts: 4
Registered: ‎08-28-2013

Can someone be garnished after expired SOL?

My wife started getting garnished three months ago. She's having to pay close to $400 out of each check. The total debt is 9k which was actually a credit card she was a cosigner on with her mother... Her mother doesn't have the ability to pay and the CA found out her employer's info and sent them court judgment paperwork.

 

In the past hour I found out the SOL expired 06/2013 and my wife's employer didn't receive the judgment paperwork until July-August 2013... We reviewed her three credit reports and there is no evidence of a judgment showing been filed or put on her credit. 

 

I'm thinking the CA sent her employer false judgment paperwork to see if they'd just pay it and that's exactly what her employer did (I'm assuming they didn't want to violate any laws and started paying it without questioning the judgment).  

 

Has anyone seen this? Any advice? Can her employer be liable if they paid out a false wage garnishment?

 

Thanks in advance for any help...

 

Moderator
09Lexie
Posts: 24,093
Registered: ‎09-13-2012

Re: Can someone be garnished after expired SOL?

Verify if the judgment was filed with the court. Your wife should have been served with a complaint before a judgment could be entered. I would check the court records with the complaint / case number first.
Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Can someone be garnished after expired SOL?

Judgments and orders for garnishment are separate orders by the court.

The original judgment orders the defendant to pay.  if they defendant fails to comply with the judgment within the period set by the court, the defendant can then go back to the court, and request them to order specific satisfaction of the judgment by means such as garnishement of pay.

 

If the creditor initiated action prior to expiration of the SOL, the SOL is no longer relevant, and the judgment then has its own period of enforceability, normally ten years, during which time the prevailing plaintiff can seek additional order of the court for specfic statisfaction of the judgment, such as by garnishment of pay.

 

You need to review the court records and find when each of those proceedings were conducted, and why you were apparently not served notice of those proceedings, and thus provided the right to raise a defense.  The court record will show the method of service of notice on the plaintiff.

Perhaps she received ntice and did not show at court?

 

I doubt very seriously if the debt collector would falsify a court order........

 

 

New Member
STI2004RJ
Posts: 4
Registered: ‎08-28-2013

Re: Can someone be garnished after expired SOL?

I actually found information on "false wage garnishment" happening by doing a quick search online. Thats when i decided to post this. If I'm correct they didn't file any judgment after I didn't see anything on any of my wifes three credit facos. I had a garnishment a long time ago and that judgment appears on my credit which makes me wonder why her's doesn't it a public record...

 

I plan to contact the courts first thing Monday. I'm planing to request a copy of the case file which should contain copies of any complaint and/or proof of service. If i'm correct i will not find anything was filed. Should my wife contact her HR dept first and tell them they are paying a garnishement that was never filed with the courts? Should i contact the CA and tell them what they are doing is against the law for sending her employer false judgement? I did a search online and from what i've found my wifes employer could be liable and might have violated a few laws in the process

 

I would rather not hiring an attorney if I can handle this myself but no idea where to start.

 

Thanks in advance

 

New Member
STI2004RJ
Posts: 4
Registered: ‎08-28-2013

Re: Can someone be garnished after expired SOL?

Big question I have to think of is what are the rules for expiring SOL? If the SOL expired 06/2013 are they still allowed to garnish after? Does the Judgment need to be filed and completed before 06/2013? SOL in Colorado is 6 years and after reviewing all three reports I was able to verify SOL would have expired 06/2013 and she didn't start getting garnished until July/August 2013. She should have been able to go to court and tell the Judge expired SOL if it was past 06/2013 technically... 

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008

Re: Can someone be garnished after expired SOL?

If the SOL on the debt expired but the judgment SOL has not, yes, it can still be garnished.

 

If they pursued the judgment before the SOL expired is what matters.  If she was not served and just found out about it she could possibly stop the garnishment by getting the default judgment vacated.

Moderator Emeritus
llecs
Posts: 32,880
Registered: ‎08-04-2007

Re: Can someone be garnished after expired SOL?


guiness56 wrote:

If the SOL on the debt expired but the judgment SOL has not, yes, it can still be garnished.


Ditto. Take my VA as an example. The SOL on a CC is 3 yrs in Virginia. If I default and get sued inside of 3 years, then there's a new SOL for garnishing that debt. That new SOL is 10 years. At the end of 10 years they fail to garnish, then they can renew the judgment for another 10 years beyond that. By the end of 20 years, then they can no longer garnish. 

Frequent Contributor
Shokk
Posts: 363
Registered: ‎06-21-2013

Re: Can someone be garnished after expired SOL?

If garnishment started July/August, it would make sense that the judgement occured prior to expiration of SOL.  As mentioned, the big thing to look into is how/if she was served.  Hopefully the OP will return and upadte with any new information..

I don't know my start scores, but low 500s. 6/13

8/13/13
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Valued Contributor
Wanderer
Posts: 2,761
Registered: ‎10-03-2008

Re: Can someone be garnished after expired SOL?

Question, was the judgement filed before the SOL and the CA was not aware. Does serving the notices only have to be upon the primary? This could play into this.
Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Can someone be garnished after expired SOL?

The date of their initiation of legal action, and not the eventual date of any judgment ordered by the court, is the relevant date for conderation of expiration of SOL.

 

 


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