Federal Tax Credit Bill
February 5th, 2009
Question: Can your paycheck be garnished for a nine year old credit card bill that is identity theft?
I got a notice this was going to be done. I thought this was illegal, that your pay could only be garnished for child support, taxes, alimony and student loans.
I’m a victim of identity theft and a police report and a report with the Federal Trade Commission has been filed with all 3 credit reporting agencies. Also, isn’t the statute of limitations 7 years?
I need help desperately, should I contact a lawyer? I’m in Tampa FL.
Answer: In FL, the statute of limitations on credit card debt is 4 years. However, that is 4 continuous years of living in florida. If after 3 years, you moved out for a year, and are now back, the 4 years started over.
The SOL is a defense against a court judgment. The court judgment is a necessary step for the creditor to get a wage garnishment against you. And, yes, cc debt is eligible for garnishment – it isn’t just taxes and student loans.
If your debt is 9 years old, and you have not moved around, then the only way the cc company can get a judgment against you is for you to not show up in court. If this is a notice of court hearing, make sure you show up, dispute the debt, and show evidence of identity theft.
If you missed the court hearing, you probably should have a lawyer file a motion to have the judgment vacated (=set aside or voided).
Good luck.
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