Garnishment of OLD collection account

Submitted by momto2 on Thu, 12/27/2007 - 23:18

New here, hope to find some help. I have an account that is from 1997 and charged off by 1999. I have had NO contact since 1999 with them. No payments or anything because I was making payments in local branch office back then and they werent posting the payments on my account, even though I had receipts. I have all these years still gotten collection letters. I know the account has been bought out at least 9 times. I live in the state of NC, what are the statue of limitations for my state? They have been leaving messages that they are going to garnish my wages, which by my research I don't think they can, they threaten to sue me over it but I was told SOL is 7 years for my state. Every company pulls my credit report and this last one pulls it MONTHLY which inturn lowers my credit score. ALL the bad credit I had is off my report I have PERFECT credit, have since 1999 not 1 past due payment nothing. So what can this company do, can they still sue me after all these years, and is it legal to pull my credit report monthly?

Garnish your wages in NC (or TX or SC)? What a joke!
I hope you have saved all of these messages, you might be able to find a lawyer from who would take your case. As I understand it, SOL in NC is three years; maybe four, but certainly not seven. I do not remember if the CA can continue to pull your credit report--since the debt has not been forgiven, it is technically still valid and pulling a report is permissable collection activity. You can send a cease and desist letter that disputes the debt and demands that all further collection actions stop (send using return reciept mail)

Fri, 12/28/2007 - 04:23 Permalink

Wage garnishment is not possible until they won a judgment for that they have to sue you first.

SOL for the state on NC is definitely 3. Therefore the debt is out of the statute of limitation for a long time now. Mrnstr is right. All you need to do is send in a cease and desist letter with return receipt requested. might come handy when you write the letter. Do get back to us regarding any step that you are taking.

Fri, 12/28/2007 - 05:50 Permalink
Anonymous (not verified)

I plan on sending a cease and desist letter. If I contact them with the letter, will that give them the right to renew the account and start it all over again, like update the date and then be able to sue me? I have been ignoring all calls, all letters for years afraid if I contacted them it would mean they could update the account and then sue me. Seems wrong they can pull my credit every month sometimes 2-3 times a month, so far they have pulled it 18 times in 6 months, same company! I work VERY hard making my payments on time and keeping good credit and them pulling it like they do is aggravating especially since I was paying the debt they were just not applying my payments and then since I was called " a little person and couldnt do anything to them" I stopped paying. Since the SOL has way expired what CAN they still do to me for the account just send collection letters? Being the SOl has expired they can't still sue and get a judgement right, because that was in one of their messages, that just because it had been so long didn't mean anything that they could and was going to sue me.

Fri, 12/28/2007 - 18:41 Permalink

Well momto,

Even if the SOL has run out the debt has not gone away. This does not mean that the creditor cannot attempt collection. However just because the SOL has expired you may or may not pay for the debt. Legally you cannot be forced to make payments. If they sue you, you have he defense of the SOL to fight the case. In case you dont use the defense of the SOL a judgment might be passed.

Sat, 12/29/2007 - 05:55 Permalink

You have gotten some really good advice here, as these ladies said, get the cease and desist letter out to them as soon as possible, this should stop all collection efforts. Sending a letter does not do anything to the SOL, that is only affected if you make a payment, so don't send a dime or it will start it all over again and then they will have right to pursue collection. goodluck, hope you found the help that you need.

Sat, 12/29/2007 - 13:02 Permalink

Also, forgot to say welcome to the forums, since you have visited more than one time, you should register and participate in the forum, not only is the advice and guidance offered here but you have an opportuntiy to earn some money also, if you have no need for the extra earnings you can donate it to those who have helped you out, hope you decide to register and stay with us awhile at least until you get your issue resolved.

Sat, 12/29/2007 - 13:04 Permalink

Yes....very good suggestions..

Harassing to sue you.... thats a serious violation

Pulling your credit every month.... thats another violation... and should be viewed as harrassment. I say this based on your statement that the account is 8 years old...

These people do all sorts of things and it really ticks me off

Sun, 12/30/2007 - 18:05 Permalink

i think they are blowing smoke i think 7 years is the statue of limitations in most states now. call your legal aid service in your state. they can give you the correct advice.

Mon, 01/07/2008 - 17:58 Permalink

Statutes of limitation vary from state to state, you have to look up your state and figure out what it is. That statute of limitations will depend on the type of account also, in Pennsylvania that statute of limitations for credit card debt is 4 years, however on a judgement it is renewable every 10 years and must be renewed to stay in affect, if it lapses, it is no longer valid.

If you post more information about the type of debt and what state you are from, someone here can show you where to get that information.

Mon, 01/07/2008 - 19:25 Permalink
crystal (not verified)

lwas called at work about credit card from 1998 said i had until 5 today to talk to some one or they would go ahead and get civil suit in front of judge today i have not heard anything about this card for years i do not even know where the credit card was originaly from what should i do can they call me at work inform my boss what

Wed, 03/05/2008 - 21:01 Permalink
Anonymous (not verified)

I have huge credit card debt which have already been charged off. The creditors has threaten me to bring judgment against me to recover the debt. I live in PA. I have heard from other pages of this forum that wages cannot be garnished in PA. Is it true?

Thu, 12/04/2008 - 08:36 Permalink

Pennsylvania wage garnishment laws do not allow garnishment of wages for repayment of credit card or other debts. Apart from PA, there are three other states - North Carolina, South Carolina and Texas, which do not allow wage garnishment. This wage garnishment law applies only for credit cards and other debts. But if you have Federal Tax outstanding or alimony and child obligation, your wage may be garnished by judgment. However, the tax department need not bring any judgment to garnish your wages. They can directly garnish your wages from your employer.

Thu, 12/04/2008 - 08:52 Permalink
phyl (not verified)

I have a friend that went before a judge sued over credit card. We are from NC and they got a judgement even though the sol was out, the reason stated was because it was a stated account and judge issued a judgement---does any know what a stated credit card account is?

Thanks so much-Phyl

Thu, 03/19/2009 - 23:41 Permalink
Anonymous (not verified)

account stated n. a statement between a creditor or the person to whom money is owed and a debtor (the person who owes) that a particular amount is owed to the seller as of a certain date. Often the account stated is a bill, invoice or a summary of invoices, signed by the customer or sent to the customer who pays part or all of it without protest. This is important when a frustrated businessman sues for "account stated" which sets both the debtor's liability and the exact amount the debtor must pay, which is less complicated than claiming a debt is due and payable. An account stated may carry a longer statute of limitations (time to file suit) than some other forms of debt depending on the state. (See: debt)

Fri, 03/20/2009 - 05:10 Permalink
slg (not verified)

I recently have been garnished for a credit card I had in 2000 and the creditor closed it in 2004. In 2008 they garnished my check however that was my last check from that agency because I had begun a new job. I was never notified of the garnishment and never followed up because I had a new job. They have petitioned me again and the judge ruled in the collector favor. I felt and still feel at a disadvantage because I do not know my rights however know that this is not fair. What can I do to stop the garnishment?

Sat, 10/03/2009 - 02:06 Permalink
Need advice (not verified)

I have some very old credit card debt and live in Arkansas. There is a law firm here that seems to specialize in obtaining very old debt.
They have no problem getting summary judgements in a creditor friendly court and garnishing wages, bank accounts etc.
They have about three of my accounts and garnished my very low wages on one debt.
I had a credit card with about a 1000 limit but they got a judgement for about 4,000 with legal fees and interest and the account was several years old.
After they garnished my wages the debt got down to about 2,200 and business slowed down to a crawl and I left the sales unable to
make a living and I think thet ran it back up to about 4,000 now with their fees inad interest.
Now unemployed they garnished my bank account for about the third time (Bank of America instatly takes about 160.00 from me every time they try even if I do not have enough money to pay the debt)
Please advise me, this law firm is Hosto, Buchan, Prater & Lawrence.
I even asked them years ago about settlement but they were jerks.
(Old high interest credit cards where they might charge you 29% and give you a 1000 dollar limit etc.)
This debt is well over 6 years old.
I would like to see if an ethics board would review this firms practices and if it would be possable to go after them with a class action law suit.

Tue, 10/13/2009 - 16:12 Permalink

I had a citcard charge card back in 2001, I became disabled from work due to cancer/radiation/surgery and chemo and then broken back. To this day I am on workmans comp. I had the accident ins on that card to protect me before I got hurt as did I on all accts. They paid my card in 2003 off and then citibank called and said I owed a balance of $100 of which my son paid for me. Now this year in May I was at my home with my family because I cant keep it due to injury and medical expenses it was being sold. I was served papers by the local sherriff. He told me to go to court house and provide proof of my allocations that I did not owe this debt. This my son and I did. The Court house did not allow judgement so now the have sold it to two other agencys who are trying to collect this money. I have sent validation letters and so far no response. Can they keep selling this to anyone? This debt is over 4 yrs old. Now what can I do? It was paid by there ins. co that had the credit insurance but these collection agencys said I still have to pay it. I already sent them the proof. I did all by certified mail. Should I get a lawyer and sue? It is currently on my credit record with two collection agencys. Thanks, anyone who can advise please do? Ruthie Oh I am from Penna.

Tue, 11/10/2009 - 06:44 Permalink
guest (not verified)

I had a vehicle repoed over 14 yrs ago. i only hearsd from the collectors once after thst my huband and i lost our job then my employer calls me two wks ago they are taking 25 & check my check isnt that much help

Sun, 12/18/2011 - 03:18 Permalink
Yulia (not verified)

Can a condo association oitabn a judgment lien when it files a complaint for foreclosure without a cause of action for damages. In other words the complaint has but one cause of action, alleging foreclosure of mortgage. Yet it seeks to have the court award it a jugement lien.Thanks,Joe

Sat, 08/31/2013 - 19:08 Permalink
Cachetes (not verified)

You are right on when you mentioned ploepe going back to school in their 40 s and 50 s. I'm for one one of those students. I was a single mom and wanted to better myself with an education to have an income that would sustain me and my children. Yes, I graduated with a degree in Finance, but at that time (32 years ago) this was a field dominated by males, and with a recession and high unemployment I could not find a job in my given profession. I ended up doing whatever to survive. Sometimes I could barely survive and I had to sell everything including my house. My student loan was only $4,000 and now it's $22,000. Now I'm 78 years old and I had to stop working last year due to illness. My only source of income is Social Security that enables me to live in subsidized housing. Now I have learned that the government is going after my Social Security to offset the loan balance. I find it criminal that the protection of the Social Security is stripped away. I have worked and worked to make it on my own without help from the government and paid my bills. I know what it's like to make sacrifices. We need total reform in Congress. They make millions, while they burden the general public with laws that are detrimental to the well-being of society. Something needs to be done! It should be clear that without decent jobs ploepe cannot meet their obligations.

Mon, 09/02/2013 - 16:04 Permalink

I think if does not make any transaction from bank account than they close it after a year or sometimes, I don't know the exact time limit but yes they close the account.

Tue, 09/03/2013 - 06:46 Permalink