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ShowingNO1

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Can a person be reimbursed for a payroll garnishment on a court ordered judgement that expired?
In the state of Missouri a court ordered judgement is valid for a period of 10 years unless it is revived prior to the end of the 10 year statutes of limitations. Twelve years ago a judgement was entered against someone very close to me. However, though no revision of the judgement was entered, the company holding the court ordered judgement has continued to file and receive a wage garnishment against her. Because she didn't know what steps to take next I am attempting to assist her. The very first thing we did was we went to the county Circuit Clerk and asked why this judgement was still in affect though it was a full two years passed the state statutes of limitation? She informed us that we would need a court order from a judge to squash/terminate the judgement. However, after doing some due diligence we discovered that according to state law, no special action was needed to terminate the judgement after the 10 year statute of limitation. When we showed her the state statute she simple said that she was no attorney and without an order to squash the judgement. Together, we went to an attorney and he informed us that though the company holding the judgement is full aware the judgement has expired, they continue to present them to the County Circuit Clerk's Office because they know that the clerk will simply trust them and will usually just sign the authorization without even bothering to read them. Since we now know that she must file a Petition to Squash in Circuit Court, we would like to know if she is entitled to reimbursement of the funds the collection company has received past the statutes of limitations of the judgement? She did tell me that at one point she was reimbursed for a 6 month period the company received payment from the garnishment after it was discovered that the collection agency holding the judgement had not filed the necessary paperwork necessary to make the garnishment enforceable. Any valid insight will be greatly appreciated

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Top Contributor
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It will probably take a law suite

but yes, i believe you can based on the fact the they fraudulantly presented the judgement.  Attorneys fees will have to be paid but a good attorney would be able to get the collection agency to pay the bill as part of the suite.

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