can they try & collect a 10yr old dept

by Robert
(California )

Can a collection agency hold my wages for a 10yr old fishing ticket.

Comments for can they try & collect a 10yr old dept

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Aug 02, 2012
can they try & collect a 10yr old dept

The answer to your question is "It depends."

If you were sued over the unpaid ticket before the statute of limitations on it expired and the creditor won a court judgment against you, and assuming every time the judgment was about to expire the creditor renewed the judgment, then yes, the creditor can take your wages to collect on the judgment, as long it got the court's permission to do so. The statute of limitations on a debt is the length of time a creditor or collector has to sue you for the money you owe.

I do not know what the statute of limitations on a fishing ticket in CA is however. Contact a consumer law attorney in your area who helps consumers resolve their collection problems to find out.

Once the statute of limitations has expired on a debt, you will still owe the money and the creditor or collector can continue contacting you about paying it, but you cannot be sued. States establish the statute of limitations on a debts.

If the statute of limitations on the ticket expired and you were never sued over the unpaid ticket, then the creditor or collector who wants you to pay it cannot sue you to collect the money and so it is not entitled to garnish your wages.

There is one caveat however. If the statute of limitations on a debt has expired but you admit to the creditor or a collector that you owe the money or you offer to pay something on the debt, you will start the statute of limitations running again. Therefore, you will be vulnerable to debt collection lawsuits once more.

Jul 31, 2014
back state taxes
by: Anonymous

I found that I owe taxes for 2001. Is there a limitation on that?

Reply from

There is no doubt a statute of limitations on the taxes but we don't know what state you are in. We'd suggest you consult with your state taxing authority or talk with a tax professional.

Oct 28, 2014
i being sue for my daughter was 19 at the time having a baby
by: Anonymous

I don't know what to do. This collection agency has served me with an income execution and I never even got a summons. This is stemming from 2000. No one ever contacted me. What should I do? It's my daughter's bill. My insurance cancelled her on 6/29/00 and she had the baby on 7/6/2000. How can i even be responsible?

Reply from

It is possible you weren't responsible and they sued the wrong person. If your daughter was a minor at the time of the service, it is possible you could be responsible under state law. Some states hold parent's responsible for their minor children's essential medical bills. Also is it possible that you signed something agreeing to take financial responsibility when she was treated? If the answer to both questions is no then it sounds like they went after the wrong person.

The challenge is that now it has been reduced to a judgment and that means you have to go through the courts to try to get it straightened out. You can either talk with a consumer law attorney for advice on how to get the judgment vacated or you can call the court directly and ask them what the procedure is to do so. It varies by jurisdiction so we can't walk you through it step by step, but some courts are helpful to consumers in these situations, others not so much.

Nov 26, 2014
Can I get out of paying
by: Anonymous

I had a collector call me and said I owed a hospital a bill of over 300 and it was back in 2001.

He is not from the hospital but a collection agency, I told him I will have to research to see if I paid it, but I was not at home, and since this is 13 yrs old, I doubt if I even have the canceled check. If the hospital waited 13 years to come after me I feel this might be a scam. I cannot remember receiving anything from the hospital.

Reply from

It could be a scam or simply that a debt buyer has purchased some very old debts. Either way if this is outside the statute of limitations (and in almost every state it would be) you can tell the debt collector to stop contacting you. We detail what to do in our ebook which you can get at no cost here.

Aug 07, 2015
When's too much toooooo much
by: Anonymous

I work a 30 hour job - I make $11 a hour paid bi weekly I pay out $170 to back child support and now $54 to another debt collector my checks are $300 biweekly can't live off that plus I have a 1 year old to take care of now can something be done about this?

Reply from

We aren't experts in getting child support reduced. As for the debt collector, though, you must have a judgment against you. So one option would be to see if you can appeal the wage garnishment. The procedure varies by state but you can contact the court where it was entered and ask for more information, you can try contacting Legal Aid to see if they can help you. If you can't get it reduced due to your income you may need to look into bankruptcy.

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