What are the requirements for garnishing wages for credit card debt?
Full Question:
Last week my wages were garnished due to the lack of payment from a 2004 credit card account. My last payment was in 3/2004. This matter has never been into a court of law. In my understanding the statute of limitions has expired. How do I get this matter resolved and stop the garnishment of my wages?
03/14/2009 |
Category: Debts and Credit |
State: Arizona |
#15626
Answer:
The following statute of limitations apply in Arizona:
Written Contracts- 6 years (4 years if out of state)
Open Accounts- 3 years
Please see the following AZ statutes to determine applicability:
12-1598.07. Objection to garnishment, answer or nonexempt earnings
statement; hearing
A. A party who has an objection to the writ of garnishment, the answer
of garnishee or a nonexempt earnings statement may file a written
objection and request for hearing on a form similar to those set forth in
section 12-1598.16. The hearing must be requested no later than ten days
after receipt of the answer or nonexempt earnings statement objected to
unless good cause for filing the request later is shown. At the time of
filing the request for hearing form, the party filing the objection shall
deliver a copy of the form to all parties to the writ.
B. The hearing on an objection to the writ, answer or amount withheld or
on a claim of exemption shall be commenced within ten days after receipt of
the request by the court but may be continued for good cause on terms the
court deems appropriate after due consideration of the importance of the
judgment debtor's rights and the need for a speedy determination. Good
cause includes a situation in which the objection raised at the hearing is
different from that set forth in the request for hearing form. However, in
no event shall the hearing be held later than fifteen days after the date
the request was received by the court unless the request for a continuance
is made by the judgment debtor.
C. A party requesting a hearing pursuant to this section is required to
state the grounds for his objection in writing, but the objecting party is
not limited to those written objections at the hearing conducted pursuant
to this section.
D. The court shall notify the parties of the date and time of the hearing
at least two days, not including weekends and holidays, before the date of
the hearing.
E. The prevailing party may be awarded costs and attorney fees in a
reasonable amount determined by the court. An award of attorney fees shall
not be assessed against nor is it chargeable to the judgment debtor unless
the judgment debtor is found to have objected solely for the purpose of
delay or to harass the judgment creditor.
12-543. Oral debt; stated or open account; relief on ground of fraud or
mistake; three year limitation
There shall be commenced and prosecuted within three years after the
cause of action accrues, and not afterward, the following actions:
1. For debt where the indebtedness is not evidenced by a contract in
writing.
2. Upon stated or open accounts other than such mutual and current
accounts as concern the trade of merchandise between merchant and merchant,
their factors or agents, but no item of a stated or open account shall be
barred so long as any item thereof has been incurred within three years
immediately prior to the bringing of an action thereon.
3. For relief on the ground of fraud or mistake, which cause of action
shall not be deemed to have accrued until the discovery by the aggrieved
party of the facts constituting the fraud or mistake.
12-548. Contract in writing for debt; six year limitation
An action for debt where indebtedness is evidenced by or founded upon a
contract in writing executed within the state shall be commenced and
prosecuted within six years after the cause of action accrues, and not
afterward.
12-1598.07. Objection to garnishment, answer or nonexempt earnings
statement; hearing
A. A party who has an objection to the writ of garnishment, the answer
of garnishee or a nonexempt earnings statement may file a written
objection and request for hearing on a form similar to those set forth in
section 12-1598.16. The hearing must be requested no later than ten days
after receipt of the answer or nonexempt earnings statement objected to
unless good cause for filing the request later is shown. At the time of
filing the request for hearing form, the party filing the objection shall
deliver a copy of the form to all parties to the writ.
B. The hearing on an objection to the writ, answer or amount withheld or
on a claim of exemption shall be commenced within ten days after receipt of
the request by the court but may be continued for good cause on terms the
court deems appropriate after due consideration of the importance of the
judgment debtor's rights and the need for a speedy determination. Good
cause includes a situation in which the objection raised at the hearing is
different from that set forth in the request for hearing form. However, in
no event shall the hearing be held later than fifteen days after the date
the request was received by the court unless the request for a continuance
is made by the judgment debtor.
C. A party requesting a hearing pursuant to this section is required to
state the grounds for his objection in writing, but the objecting party is
not limited to those written objections at the hearing conducted pursuant
to this section.
D. The court shall notify the parties of the date and time of the hearing
at least two days, not including weekends and holidays, before the date of
the hearing.
E. The prevailing party may be awarded costs and attorney fees in a
reasonable amount determined by the court. An award of attorney fees shall
not be assessed against nor is it chargeable to the judgment debtor unless
the judgment debtor is found to have objected solely for the purpose of
delay or to harass the judgment creditor.
