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I have a medical judgement from calif 10/08....

Resolved • Response time 2 minutes

11 Jun 2013

I have a medical judgement from calif 10/08. I now live in texas. Collection agency called me and told me they were going to garnish my wages. What is the statute of limitation on a judgement. Can they garnish my wages.
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11 Jun 2013

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Lawyer's response
11 Jun 2013
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Thank you for your question. I look forward to working with you to provide you the information you are seeking. The Texas court will not order a garnishment of wages in a Texas case. However, if they get a judgment in CA and get a garnishment order from the CA court, then the Texas court under the full faith and credit clause of the Constitution would have to honor the CA court garnishment order and your wages would be garnished. A judgment in CA is valid for 10 years from date of judgment, so this one is still valid. Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer. Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
11 Jun 2013
Customer reply
11 Jun 2013
Would I have to be notified before they go to court to get a garnishment order
11 Jun 2013
Lawyer's response
11 Jun 2013
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Thank you for your response. No, you would not receive notice before they go to court to enforce a garnishment order. The first notice you will get of a garnishment order is when it is served on your employer and at that time you can object to the garnishment by filing an objection in the Texas court that issued the order and presenting evidence as to why garnishment should not be allowed.
11 Jun 2013
Customer reply
11 Jun 2013
Would evidence be living expenses and such
11 Jun 2013
Lawyer's response
11 Jun 2013
Law Educator, Esq.
Law Educator, Esq.
Thank you for the follow up. I am afraid that living expenses and such are not grounds to stop a garnishment in most cases. Living expenses can be considered by the court to reduce the amount of the garnishment from 25% of your income after taxes and standard deductions to something a bit more reasonable, but you would have to present a detailed financial statement showing your mandatory necessary expenses to the court for them to review to determine how much garnishment is reasonable based on those circumstances.
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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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11 Jun 2013
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