Can Your Check Be Garnished for Old Credit Cards?

Garnishment of your check for an old credit card debt is possible, but there are limitations. State statue of limitation laws limit how long credit card companies and other debt collectors have to pursue an old debt in court. The length of time varies depending on the state, but the average is about six years. After that, civil courts consider credit card debts as too old for consideration by the court system.

Identification

Wage garnishment forces employers to send a certain percentage of your paycheck to a debt collector each month for a debt you did not pay. Garnishment is possible only after the credit card company or debt collector files a civil lawsuit, wins a judgment and asks the judge for permission to collect the debt through garnishment. Judges usually agree to the request if the debtor has not made payment arrangements with the debt collector. Employers must cooperate with garnishment orders and will begin the deductions after receiving a notice from the court.

Considerations

State statue of limitation laws are an effective defense in a credit card lawsuit. The laws do not prevent a credit card company from pursuing an old credit card debt, however. Lawsuits are possible even when the credit card debt is beyond state statue of limitation guidelines. It's up to the debtor in the case to point out to the judge that the debt is too old for consideration by the courts. "The New York Times" reported in 2011 how one debtor escaped a possible judgment and garnishment by giving the judge a handwritten note citing his state's statute of limitation laws. After verifying the information the judge dismissed the case.

Help

Consumer affairs attorneys can advise debtors about statue of limitation laws, or the debtor can contact a local office for the state attorney general. Other help is sometimes available from local law schools or organizations offering free legal services to the poor such as the Legal Aid Society. Debtors with old credit card debts should review statute of limitation laws before agreeing to pay. Without the threat of a lawsuit the debt collector loses a huge advantage. The debtor remains responsible for the debt for life, and the debt collector can continue pursing the debt through traditional methods such as notices by mail and phone calls. However, the Fair Debt Collection Practices Act, a federal law, gives debtors the right to demand in writing that a debt collector not contact them by mail or phone.

Precautions

Some debt collectors specialize in tactics for "re-aging" debts so that they again become eligible for lawsuits, judgments and garnishment. Making a partial payment on an old credit card debt can reset the debt under statute of limitation guidelines, in some instances. Debtors determined not to pay an old credit card debt should not discuss the debt with a debt collector without the advice of an attorney.