How can an attorney garnish my check for a judgment on a credit card from 2011?

Bankruptcy Law Discussions Forum
1

I filed for Chapter 13 bankruptcy in 2004, and it was discharged in 2009. Now, an attorney says I owe a debt from 2007 and has started garnishing my wages based on a judgment from 2011. I don’t believe this debt is from 2007 because my bankruptcy lawyer told me not to apply for any credit until my discharge. How is this happening?

2

If this debt was incurred during your Chapter 13 bankruptcy, it likely wasn’t covered by the discharge. But if the debt was from before 2004, the garnishment could be invalid due to the bankruptcy’s automatic stay.

3

@Miller
Agreed. You should get a copy of the original lawsuit and judgment. If they sued you during your bankruptcy, the judgment might be void.

4

@Miller
Also, check with your bankruptcy lawyer. They might be able to confirm if this debt was included in your case.

5

It’s possible you weren’t properly served when they sued you. If that’s the case, the judgment could be challenged.

6

Ciel said:
It’s possible you weren’t properly served when they sued you. If that’s the case, the judgment could be challenged.

Good point. Improper service is a valid defense. A lawyer could help you review the court records to see if they followed the proper process.

7

If the lawsuit happened after your Chapter 13 filing, it might violate the automatic stay from your bankruptcy. This could make the judgment invalid.

8

Chase said:
If the lawsuit happened after your Chapter 13 filing, it might violate the automatic stay from your bankruptcy. This could make the judgment invalid.

Exactly. The automatic stay protects you from collection efforts during bankruptcy. If they violated that, you might have a case against them.

9

You should consult a bankruptcy lawyer who also specializes in debt collection cases. They can help you determine if this judgment is enforceable or not.

10

There could also be statute of limitations issues, depending on when the debt was incurred. This might prevent them from suing you again even if the current judgment is invalid.

11

Pierce said:
There could also be statute of limitations issues, depending on when the debt was incurred. This might prevent them from suing you again even if the current judgment is invalid.

That’s a good point. Some debts are time-barred, so even if they sue again, you might have a defense based on the statute of limitations.