“Dear Steve,
I have a credit card debt with capital one.
I havent heard from them in over 8 yrs…a Collection agency called today and asked Me questions…if i worked last yr…am i Getting a refund. Etc. He said he is going For a judgement against me.
Can the garnish my wages? Can they take Money from cking acct? I live in texas and Just started a new job making 8 hr. I dont Have any money. Car is broken down.
What can i do? I am 54 and dont have anything. No home. Nothing! Thank u for your time
Can a ccollection agency take money from From wages and cking acct in texas? I am 54
Have no home. A broken down car. I have Nothing. What can they do to me?
Becky”
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The Answer
Dear Becky,
It is my understanding that Texas is one of the states where you can’t get your wages garnished from a judgment. But for specific legal advice you should consult with a lawyer that is licensed in Texas.
The statute of limitations in Texas is 4 years as long as you have not made a payment, payment promise, or acknowledge the debt as valid.
Consumers should be aware of a practice called re-aging of old debts. The clock on the statute of limitations may start anew if a consumer makes a payment — even a small amount — on a debt that has exceeded or is approaching the end of the statute of limitations. Acknowledging an old debt may also extend the time limit on potential debt collection lawsuits. Consumer advocates now advise debtors not to acknowledge old debts or debts they don’t recognize as their own to avoid inadvertently resetting the clock on the statute of limitations.
Any new activity on it could re-age it and make it more collectable.
says Lauren Saunders National Consumer Law Center“Any new activity on it could re-age it and make it more collectable,” says Lauren Saunders, managing attorney for the National Consumer Law Center, a consumer rights group. “You’re better off ignoring a call about an ancient debt. It’s best to send them a letter saying I don’t recognize this or please verify it.” – Source
If you suspect the collector is not collecting on a valid debt you can ask them to prove it. See Debt Validation Finally Defined. What You Should Ask a Collector or Creditor for to Validate a Debt.
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