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I did a voluntary repo on my truck back in April of 2004 in New Mexico.  I just recently got a letter in the mail that they are going to garnish my wages.  I haven't heard from them until now.  I'm curious if they can come after me since its been so long I would think that the statue of limitation would be up?  What do I need to do if it is up?  Thanks!

To garnish your wages they need a judgement. if they never got a judgment before this time then they are probably too late because of the statute of limitations. But they may have gotten a default judgment before if they served you with a complaint and you never answered. Try and find out if there is a judgment against you. If not then they are either bluffing or they mean to commence an action against you and you must then defend yourself. But if they already have a good judgment that you cannot have set aside for lack of die process then they can garnish your wages on that basis.  

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Michael T. Hertz


I can answer most questions concerning bankruptcy, whether business or personal, including questions by debtors, creditors, persons interested in purchasing assets from bankruptcy estates, and the like. Also have expertise in tort law, French and Canadian law.


Practiced bankruptcy for 27 years in California and taught bankruptcy for three years in Maine. This included Chapters 7, 9, 11, 12 and 13 cases, representing debtors, creditors (secured and unsecured), bankruptcy trustees, creditors committees, and persons interested in purchasing assets from bankruptcies. Debtors included persons with virtually no money up to large corporations.

Inactive member of the Bar of the State of California. Nonpracticing member of the Bar of Massachusetts. Formerly member of the Maine Bar and conseil juridique in France. Certified by National Committee on Accreditation in Canada.

Georgetown Law Review; California Bankruptcy Journal; Maine Law Review; Dalhousie Law Journal; University of Toronto Law Journal.

Harvard Law School (J.D. 1970; cum laude) and Pomona College (B.A., 1967; cum laude)

Awards and Honors
Selected as a "Superlawyer" in 2005 and 2006 for Northern California.

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