topic Re: SOL Period ! in Rebuilding Your Credit

Can someone be garnished after expired SOL?

Anonymous — Sat, 16 Nov 2013 06:33:46 GMT

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...

Re: Can someone be garnished after expired SOL?

09Lexie — Sat, 16 Nov 2013 07:06:35 GMT

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.

Re: Can someone be garnished after expired SOL?

RobertEG — Sat, 16 Nov 2013 07:47:33 GMT

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........

Re: Can someone be garnished after expired SOL?

Anonymous — Sat, 16 Nov 2013 07:57:17 GMT

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

Re: Can someone be garnished after expired SOL?

Anonymous — Sat, 16 Nov 2013 08:04:10 GMT

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...

Re: Can someone be garnished after expired SOL?

Anonymous — Sat, 16 Nov 2013 16:20:15 GMT

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.

Re: Can someone be garnished after expired SOL?

llecs — Sat, 16 Nov 2013 19:15:41 GMT

@Anonymous 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.

Re: Can someone be garnished after expired SOL?

Shokk — Mon, 18 Nov 2013 16:01:19 GMT

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..

Re: Can someone be garnished after expired SOL?

Anonymous — Mon, 18 Nov 2013 16:45:45 GMT

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.

Re: Can someone be garnished after expired SOL?

RobertEG — Mon, 18 Nov 2013 16:53:59 GMT

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.

SOL Period !

Deepauk — Mon, 18 Nov 2013 18:31:40 GMT

Hi,

I see you stated the SOL for Credit Card is 3 years .

Can you tell me what is the SOL for a Charge off which occured on a ( second mortgage ) a/c due to foreclosure. CO date is Apr 2009

Is it 5 years or 6 years.. I am confused..

Please let me know

Thnx

Re: SOL Period !

Anonymous — Mon, 18 Nov 2013 18:33:13 GMT

@Deepauk wrote:
Hi,

I see you stated the SOL for Credit Card is 3 years .

Can you tell me what is the SOL for a Charge off which occured on a ( second mortgage ) a/c due to foreclosure. CO date is Apr 2009

Is it 5 years or 6 years.. I am confused..

Please let me know

Thnx

What state are you in?

Re: SOL Period !

Deepauk — Tue, 19 Nov 2013 02:28:31 GMT

Norhern Virginia

Re: SOL Period !

Anonymous — Tue, 19 Nov 2013 02:33:41 GMT

The statute of limitations for a deficiency arising from a breach of a loan contract or mortgage is five years from the date of the breach/foreclosure sale. Va. Code § 8.01-246(2).

Once a judgment is entered against the borrower, the period of enforcement of the judgment is 20 years. Va. Code § 8.01-251.

Re: Can someone be garnished after expired SOL?

SunriseEarth — Tue, 19 Nov 2013 07:35:59 GMT

@Anonymous wrote:
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...

In VA, garnishments are ordered by a General District Court. They run for 180 days at a time. Checks are made payable to the Judgment Creditor and sent in, care of the Court. VA has a consistent form used by every court in the state that's signed by a judge, so there'd be no reason for an employer to question it. In fact, if the employer were to refuse to comply with the order, THEY would be liable for the order amount.

I'm guessing that the Judgment Creditor obtained a default judgment against your wife, but it sounds as if she wasn't served. If that is the case, you'd have a good shot of having the judgment vacated. You should seek legal advice about getting this cleared, if that is the case.

Re: Can someone be garnished after expired SOL?

llecs — Wed, 20 Nov 2013 02:07:18 GMT

@SunriseEarth wrote:

In fact, if the employer were to refuse to comply with the order, THEY would be liable for the order amount.

Ditto. It happened to us as an employer here in VA. I had an employee fall on hard times and was sued, followed by a wage garnishment. We complied with the law, garnished per the Garnishment Summons, and had one very unhappy employee. He said he couldn't feed his family, etc. etc. etc. We told him to talk to the court and we decided not to enforce the garnishment. Well time passed of not complying and low and behold, all of his debt per the judgment came out of our bank account, plus charged a fee by our bank. Last time we ever decided to ignore a court order.