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collect this debt


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#1 Tracy1

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Posted 17 December 2012 - 11:44 AM

A freind just received a letter from a law office representing ***** LLC a junk collection agency. I am in San Berardino California. I had an account with sears around 20 yrs ago. The letter states that on August 24, 1998 they initiated litigation. It says on May 7, 2009 our client was awarded a judgement against you. It states that they are in the process of seving an earnings withholding order on his employers to garnish his wages.

He was never notified of a court case. I looked online and a judgement was granted to **** on May 7 2009.

1) Can they collect this debt?
2) Can they garnish his wages? He tried to set up a payment plan but they refused and said they are going to garnish wages for 450.00 per month or they will accept 4000.00 cash in full now. He can not afford 450.00 per month.

3) From information I have found on line. It says that they can not garnish wages on a judgement that was awared to **** that they have to obtain their own judgement awarded to **** Funding. Is this true.

Any information you can provide would be extremely helpful. My friend is so stressed out right now....Scared that if the garmishment goes through he will not be able to make his mortgage and car payments. Again he is willing to make payments just can not afford what they are asking. My gut feeling is that he doesnt have to pay them a penny!!!!!!!

Edited by FindLaw_AHK, 17 December 2012 - 02:19 PM.
This post has been edited to remove personal or identifying information. -Moderator


#2 Tracy1

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Posted 17 December 2012 - 11:49 AM

Another question for the above post. Is there a statue of limitations in the state of California that applies to this debt and or Judgement?

#3 Guest_FindLaw_Amir_*

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Posted 17 December 2012 - 11:57 AM

You may want to read the California Civil Statute of Limitations Laws as a good resource.

#4 pg1067

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Posted 17 December 2012 - 01:54 PM

1) Can they collect this debt?


Yes.


2) Can they garnish his wages?


Yes.


3) From information I have found on line. It says that they can not garnish wages on a judgement that was awared to [the original creditor] that they have to obtain their own judgement awarded to [the collection agency]. Is this true.


It would be helpful if you didn't use plural pronouns improperly and indiscriminately. I can't tell who "they" are. The judgment creditor, acting through its agents can enforce the judgment. If the collection agency that has been hired by the original creditor can call the shots with respect to enforcement of the judgment.


Is there a statue of limitations in the state of California that applies to this debt and or Judgement?


California judgments are enforceable for ten years after the date of entry and are renewable in perpetuity. The statute of limitations probably could have been used as a defense, but it's too late for that now since a judgment has been entered and more than two years have passed since the date of entry of judgment.


P.S. In the future, please don't tag questions onto someone else's thread about an unrelated subject.

#5 Tracy1

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Posted 17 December 2012 - 04:13 PM

Thank you for the information. I am sorry for not starting a new thread. I am not really familiar with this site. Unfortuantely, prior to seeing this reponse , I did start a new thread. My apologies in advance.




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