Texas Wage Garnishment
Date: Wed, 03/04/2009 - 22:23
My ex-boyfried paid off the debt in 05' since i wasn't working at the time, and we were going to get a new car... my relationship w/ him was physically abusive, and I left him, so now have no proof that the debt has been paid. The judgement is about $3600....
Well, now that judgement has turned into a Writ Of Garnishment. it was filed in April of 08', and served to my company headquarters in CT this past January. I was not notified, and my company honored the garnishment... I only found out because of the shortage in my check... Is there anything I can do to stop it?
Since car debt falls under written contract, the Statute of Limi
Since car debt falls under written contract, the Statute of Limitation is 6 years in Arizona. If the creditor has brought the judgment in 07 and you made the last payment towards the debt in 03, then the judgment was brought within the SOL period and so wage garnishment cannot be stopped unless you have the proof that the debt has been paid in full. If you can prove that your ex-boyfriend has paid off the debt in full, then only you can file a motion to vacate the judgment.
Actually repo's fall under the UCC SOL of 4 years, not 6. The 4
Actually repo's fall under the UCC SOL of 4 years, not 6. The 4 year clock starts when the vehicle is sold at auction and there is a deficiency balance. I would suggest you PM DebtCruncher on this since he has a lot of experience with repossessions and the UCC. TX is a non-garnishment state and they would have had to domesticate the judgement from AZ to TX in order to enforce it.
Google UEFJA (Uniform Enforcement of Foreign Judgements Act) fo
Google UEFJA (Uniform Enforcement of Foreign Judgements Act) for more ino on domesticating foreign judgements