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Wage Garnishment for Credit Card Debt

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  • 11-05-2012, 09:18 PM
    kmw01
    Wage Garnishment for Credit Card Debt
    My question involves collection proceedings in the State of: Georgia
    Hello,
    I recently received a letter from an attorney representing Discover Bank that they are going to start garnishing my wages. The garnishment has begun. I filed the necessary paper work to keep the credit card company from receiving the money until a judgment is made on the case.

    My defense is that this debt has reached the SOL. The account was closed on Aug 31, 2006. From what I've been researching the SOL in GA is 6 years.

    What documents should I take to court to support my case?

    I contacted discover to get the information of when the account was opened, closed and when the last payment was made. Would a copy of this information be enough to support the argument of SOL?

    Thanks,

    kmw01
  • 11-05-2012, 09:19 PM
    Dogmatique
    Re: Wage Garnishment
    If they already have a writ of garnishment, you've already been sued. That's when you should have used the SOL as an affirmative defense.

    So, did you do that?
  • 11-08-2012, 07:20 PM
    kmw01
    Re: Wage Garnishment
    I received a letter from my employer stating that a summons of garnishment had been served on (my employers name). It also stated the time period that it would remain in effect (179 days). When I called the court house I was told to file a Traverse of Defendant form....this would allow the garnishment to be put on hold until I could plead my case in court.

    Should I contact the plaintiff's attorney?
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