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Can a garnishment activate status of limitations?

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What is the name of your state (only U.S. law)? NY

I had an old creditor that I was working towards getting vacated as the status of limitations had already expired (it is almost 10 years old) however because of a "technical error" in my payroll department instead of $120 going to Childsupport as it usually does only $60 went to Childsupport and the rest was sent to the marshal holding the garnishment writ for the above creditor. Would that have reset the status of limitations? Can I hold my employer liable? $120 is roughly 10% of my check I was told that legally that is the limit on a garnishment in New York by law. Based on that can I hold my employer responsible for this?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY

I had an old creditor that I was working towards getting vacated as the status of limitations had already expired (it is almost 10 years old) however because of a "technical error" in my payroll department instead of $120 going to Childsupport as it usually does only $60 went to Childsupport and the rest was sent to the marshal holding the garnishment writ for the above creditor. Would that have reset the status of limitations? Can I hold my employer liable? $120 is roughly 10% of my check I was told that legally that is the limit on a garnishment in New York by law. Based on that can I hold my employer responsible for this?

You have a judgement against you. There is no "resetting of the SOL" on a judgement.

You cannot hold your employer responsible for your financial woes.
 

You Are Guilty

Senior Member
I'm at a loss as to exactly what happened here, but I will add that a 10 year judgment is easily renewed for an additional 10 years, so odds of it being "vacated" after the first 10 are pretty slim.
 

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