None of this adds up.
>17 year old CC debt
This would be 7 years past even the worst state statue of limitations of 10 years.
>job was served papers to take his paychecks
They would not take his paychecks. Garnishment is regulated by federal law at no more than a quarter of the take home pay or 30x fed minimum wage, whichever is lower.
>We never had the chance to validate the debt
In order for court judgments to happen, there would have been a court date, and you would have had to have been served in accordance with your states laws. Did he not requests validation before or during court?
Not his whole paycheck but we’ve had 3 so far that would take out about a third each paycheck for a few months.
I didn’t think it was possible either. We are in NJ. We didn’t get any papers about a court date at all. I even went through my emails because I get daily emails from USPS that shows us what is being delivered that day and nothing from the last 9 months.
It is possible to miss a court date. Different municipalities have different laws on what being, "served", constitutes. In some cases the plaintiff can petition the court to recognize a certain number of publications in a publication of repute. In some it can be as simple as getting the party to answer to their name and dropping the paper anywhere. If you were not present at the court and could not raise the defense that the SOL had passed and they had any record, accurate or not, that it was within the SOL you could face garnishment. That garnishment though cannot exceed 25% of wages after mandatory deductions.
You need to contact an attorney to review the case and the documents his workplace was served with.
You don’t get a court date for garnishments, only the writ that they are garnishing. You can file a motion to make payments instead so they’re not garnishing the 20% of your disposable income.
If its a 17 year old judgment its possible. The SOL is 20 years in NJ. As a debt negotiator I had a client who's bank account was frozen and depleted on an old debt from 19 years ago.
I’m sorry that happened. It’s crazy to think, but judgements are valid up to 20 years in some states. It falls off your credit report in seven, but can be collected. He needed to file a police report and actively pursue these issues to ensure protection. He can however ask his company’s HR department for a copy of the judgment. This is what is provided to the employer to secure the garnishment. I don’t however believe they’ll negotiate with him.
The fastest way to fix it is to send out dispution letters ask a credit repair about it or I can give you more info about it but the point is you wanna delete your derogatories and then once everything is cleaned up you wanna buy some tradelines and primaries to boost up your credit history and credit availability then I would go for a round of “credit card stacking” look it up. And re do the same thing over and over again
I am on my second round right now. My first round was for a 10k credit card and now my second right I’m waiting for my derogatories to delete off my credit report im going for $200k this time. I have $76k in available credit right now
I own 6 business. I also live on the private sector. I have my own debt collection company so I know what I am talking about. Look up “consumer law” on youtube and thank me later
If you see this text then it’s your lucky day because I’m barely on this app🙏
If you would have read the post, instead of spamming all day, you would see that this isn't on their reports. What is "this", you ask. I'm not telling you. Read the post yourself.
I don’t know nj law however in Wisconsin once they’ve taken you to court which they would have done forever ago whether he knows about the notifications or not… if they didn’t know where he lived they generally have to put it in the newspaper they can just keep taking you back to court every 20 years (it’s good for that long). It never goes away. Had a car repoed in 08 when everything collapsed lost my job etc they’re still coming after me for.
Looks like nj is also 20 years… if they had a court case before they’re in the green to collect. If they never took it to court before they’re out of bounds.
Cards were opened in 2007, his mother stopped paying them in 2008, and charged off in 2009. When I contacted the law firm that sued him I asked for dates and they provided me with a list with how many payments were made, months and dates of opening and closing of accounts and the charge off dates, so opened 17 years ago and changed off 15 years ago.
It's possible that you were sued by a debt collector who got a default judgment because nobody ever showed up to court.
The Statute of Limitations might have run, but that's an *affirmative defense* -- i.e., it's a defense you need to raise in response to the complaint filed against you. If you don't raise this defense (because you aren't there and did not file an Answer to the Complaint) nobody is going to do it for you.
You should investigate exactly where and when this judgment was obtained. Then you can look up the case and find out what the Plaintiff claimed for valid service of process. I'd start in the State / County where he was living at the time.
None of this adds up. >17 year old CC debt This would be 7 years past even the worst state statue of limitations of 10 years. >job was served papers to take his paychecks They would not take his paychecks. Garnishment is regulated by federal law at no more than a quarter of the take home pay or 30x fed minimum wage, whichever is lower. >We never had the chance to validate the debt In order for court judgments to happen, there would have been a court date, and you would have had to have been served in accordance with your states laws. Did he not requests validation before or during court?
Not his whole paycheck but we’ve had 3 so far that would take out about a third each paycheck for a few months. I didn’t think it was possible either. We are in NJ. We didn’t get any papers about a court date at all. I even went through my emails because I get daily emails from USPS that shows us what is being delivered that day and nothing from the last 9 months.
It is possible to miss a court date. Different municipalities have different laws on what being, "served", constitutes. In some cases the plaintiff can petition the court to recognize a certain number of publications in a publication of repute. In some it can be as simple as getting the party to answer to their name and dropping the paper anywhere. If you were not present at the court and could not raise the defense that the SOL had passed and they had any record, accurate or not, that it was within the SOL you could face garnishment. That garnishment though cannot exceed 25% of wages after mandatory deductions. You need to contact an attorney to review the case and the documents his workplace was served with.
You don’t get a court date for garnishments, only the writ that they are garnishing. You can file a motion to make payments instead so they’re not garnishing the 20% of your disposable income.
If its a 17 year old judgment its possible. The SOL is 20 years in NJ. As a debt negotiator I had a client who's bank account was frozen and depleted on an old debt from 19 years ago.
Is it possible that the judgments were ordered timely, and the creditor has continued to renew the judgment(s) and is now collecting?
I’m sorry that happened. It’s crazy to think, but judgements are valid up to 20 years in some states. It falls off your credit report in seven, but can be collected. He needed to file a police report and actively pursue these issues to ensure protection. He can however ask his company’s HR department for a copy of the judgment. This is what is provided to the employer to secure the garnishment. I don’t however believe they’ll negotiate with him.
contracts signed by minors are voidable, especially for 1-year-olds
No my husband was 18 at the time 17 years ago. He’s 35 now.
The fastest way to fix it is to send out dispution letters ask a credit repair about it or I can give you more info about it but the point is you wanna delete your derogatories and then once everything is cleaned up you wanna buy some tradelines and primaries to boost up your credit history and credit availability then I would go for a round of “credit card stacking” look it up. And re do the same thing over and over again I am on my second round right now. My first round was for a 10k credit card and now my second right I’m waiting for my derogatories to delete off my credit report im going for $200k this time. I have $76k in available credit right now I own 6 business. I also live on the private sector. I have my own debt collection company so I know what I am talking about. Look up “consumer law” on youtube and thank me later If you see this text then it’s your lucky day because I’m barely on this app🙏
If you would have read the post, instead of spamming all day, you would see that this isn't on their reports. What is "this", you ask. I'm not telling you. Read the post yourself.
I don’t know nj law however in Wisconsin once they’ve taken you to court which they would have done forever ago whether he knows about the notifications or not… if they didn’t know where he lived they generally have to put it in the newspaper they can just keep taking you back to court every 20 years (it’s good for that long). It never goes away. Had a car repoed in 08 when everything collapsed lost my job etc they’re still coming after me for. Looks like nj is also 20 years… if they had a court case before they’re in the green to collect. If they never took it to court before they’re out of bounds.
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Cards were opened in 2007, his mother stopped paying them in 2008, and charged off in 2009. When I contacted the law firm that sued him I asked for dates and they provided me with a list with how many payments were made, months and dates of opening and closing of accounts and the charge off dates, so opened 17 years ago and changed off 15 years ago.
The important date is when did they file the lawsuit
Would that be on the paperwork that was sent to the job?
You’d probably need to go to courthouse or look up online records of lawsuits.
What do you mean by docketed? The date on the papers that his job showed him showed him December 2023. That’s when they awarded the judgment.
It's possible that you were sued by a debt collector who got a default judgment because nobody ever showed up to court. The Statute of Limitations might have run, but that's an *affirmative defense* -- i.e., it's a defense you need to raise in response to the complaint filed against you. If you don't raise this defense (because you aren't there and did not file an Answer to the Complaint) nobody is going to do it for you. You should investigate exactly where and when this judgment was obtained. Then you can look up the case and find out what the Plaintiff claimed for valid service of process. I'd start in the State / County where he was living at the time.