Statutes of Limitations to Garnish Wages

Q: A collection agency won a judgment by default against me in 2008 (I would have contested it except my daughter was in intensive care and I didn’t receive any notification of a hearing) for a credit card debt. How long do they have after the judgment to submit for a garnishment? The total judgment is $1200 and I just started working again.

A: They can serve a writ of garnishment on your employer within a very short time after the judgment. Unless you did not receive a normal paycheck immediately after the judgment, the creditor generally starts garnishing your wages right after the judgment. If you have still not been garnished after almost five years your probably won’t have to worry. They might renew the judgment and if they remember to renew, then they will most likely attempt to garnish wages once more.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Candace E. Kallen, Mesa Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.