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I found out through my payroll department that a wage garnishment was received from Portfolio Recovery and I have no idea where it’s from. I’m so distraught cause all I can see it’s from a judgement from 2010, I had no clue about and I can’t trace debt. It's so old that they have my address from 15 years ago on the form. In this climate money is tight and they’re taking $400 a month from my pay.
How can I get this removed? It’s so crazy cause I don’t have any collections or judgements on my credit, my FICO score is 768 with an excellent history that I’ve been maintaining for 8 years now. Can this somehow find its way to my credit report?
Sorry if this is chaotic, I'm so angry and stressed out that I can't think straight.
It's not likely to make it's way to your credit report as the debt is too old to report. As for the judgement itself, it really depends on the state in which the judgement was ordered and what their laws are in regards to renewing the judgement as well as garnishments.
Some states allow judgements to to be be renewed every 10 years (just as an example) essentially allowing them to follow someone around for the rest of their life, or until they're satisfied (paid in full, or settled for less). Other states have clear limitations on the renewal of judgements. Further still, there could be restrictions on garnishments. It's possible you could object to the garnishment through the court that ordered the judgement.
However, the best thing you could do is speak with a consumer debt attorney (or bankruptcy attorney) in your area to determine if there is any basis for relief you're entitled to according to the laws and restrictions there may be on judgements, and garnishments based on where you live, as well as where the judgement was ordered if it was in a different state... If it was ordered in a different state, most attorneys would also verify that the judgement was properly transferred to your current state.
Having filed a number of garnishments it is not easy to have one lifted. While I realize money is tight, you may wish to try and negotiate with the collection agency. You may wish to visit the ruling to see what proof was offered to get a garnishment. Then trace that back to the original judgment. Determine if the debt is valid. While it is extremely hard to overturn a Small Claims Court judgment it isn't impossible. Be glad the garnishment wasn't applied to your bank account or possessions. They could have taken the worth of the judgment, interest, and garnishment costs in one step. Good luck!
Undoing garnishments for judgments is incredibly hard to get removed. Also, the argument of "This isn't my debt" or "I don't recognize the debt" won't work because the burden of proof to obtain a judgment is much higher. Best thing you can fo is what others have suggested and that is contact the debtor to see if you can make other arrangements like reducing the garnishment due to hardship. Considering the amount being taken this would appear to be a pretty sizable debt
So I contacted the courthouse asking to validate the judgement, they said they have any records on file and that I'd have to file a records request. They also said that I should file an objection and motion.
Let's see what portfolio recovery comes up with.
It might be time to inquire how biga boy this portly recovery guy is and how he'd like an a$$ whupp'in.
@FicoMike0 wrote:It might be time to inquire how biga boy this portly recovery guy is and how he'd like an a$$ whupp'in.
They are very big
@kmg110 wrote:I found out through my payroll department that a wage garnishment was received from Portfolio Recovery and I have no idea where it’s from. I’m so distraught cause all I can see it’s from a judgement from 2010, I had no clue about and I can’t trace debt. It's so old that they have my address from 15 years ago on the form. In this climate money is tight and they’re taking $400 a month from my pay.
How can I get this removed? It’s so crazy cause I don’t have any collections or judgements on my credit, my FICO score is 768 with an excellent history that I’ve been maintaining for 8 years now. Can this somehow find its way to my credit report?
Sorry if this is chaotic, I'm so angry and stressed out that I can't think straight.
You need a lawyer to look into it.
A lawyer can get it immediately, but it will cost you. Not sure if the library has access. Good luck!
Your friendly neighborhood bankruptcy attorney should give you a free consultation.