Yes. If a creditor obtained a court judgment against you prior to the expiration of the relevant debt’s statute of limitations, then they can garnish your wages until the debt has been repaid. Your wages can be garnished indefinitely for U.S. Department of Education student loan defaults.
What happens after 7 years of not paying my debt?
If a debt collector has gone to court and obtained a legal judgment against you, your wages can be garnished until the debt has been repaid. That might be seven months, seven years, or even longer.
If you have defaulted on a student loan funded by the U.S. Department of Education, you may receive a notice of wage garnishment. If you do not arrange for a repayment plan or challenge the garnishment within 30 days, then the garnishment will go in effect and last until your student loans have been repaid.
Can a creditor get a court order to garnish my wages after seven years?
A slightly different question has to do with the period of time during which a creditor can sue you and obtain a legal judgment that allows them to garnish your wages. Different states have different statutes of limitations for various kinds of debt. If the debt is older than the statute of limitations for that type of debt in your state – meaning there has been no activity or payment towards the account – then a creditor or debt collector can’t take you to court. Because they can’t take you to court, they can’t get a court order to garnish your wages.
A complete list of each state’s statute of limitations can be found here.
Keep in mind that student loan debt doesn’t have a statute of limitations.
You have rights related to wage garnishment under both state and federal law. Lemberg Law has a team devoted to representing people who have been subjected to wage garnishment, or who have been harassed, threatened, deceived, or abused by debt collectors. Call 475-277-1600 and receive a free consultation, or submit our online request form.
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