On 01/19/2013, I received a continuing writ of garnishment notice from the law offices of Hyat, Hyat & Landau representing Midland Credit Management, Inc. This motion to garnish my wages was given to them because apparently they got a Judgement against me back in 01/2004 from a credit card debt that I got in 1996 when I lived in California, I now live in Florida and this is where the judgment was given.
First I never received any notice about a judgment or court or anything from these people until now. How is it legal for them to not send anything in 9 years and now garnish my wages as if they just found out I was employed, yet I have been working for the same company for 10 years!!! it’s ridiculous and very unethical, its like they purposely never notified me to allow interest to build on this and now the amount is twice as what it was..
I’m going to file a claim of exemption & request for hearing, but I would like to know if I can still file a motion to vacate the judgment on the fact that I was never served with papers regarding the lawsuit in 2004 or is it too late???
How long is a judgment for in the state of Florida…Also I don’t know if this matters but this lawsuit was done on a credit card debt that was years pass the statutes of limitations, plus I believe that I got this credit card when I was only 16 years old, I have never seen this on my credit report or anything… Please help, any information would be greatly appreciated.. Thank you
There are so many potential legal issues here from the fact you took out the credit card when you were a minor, the statute of limitations, proper service, etc.
I urge you not to turn to the internet for advice on this. You need to talk to a local attorney that is licensed in your state for specific legal advice.
If you do, I think this will have a positive outcome. If you guess and assume, then the best I can wish you is luck.
I’m sorry that I can’t be more specific but I’m trying to give you the best advice possible and make sure your situation gets resolved in a positive way.
Please post your responses and follow-up messages to me on this in the comments section below.