Can a collection agency garnish wages if the debt has been removed from my credit file?

Question

back in 2003 i had a $820 edbt with Capital One credit card. However, i know that i paid this. but it was so long ago i dont have any receipts. i also disputed it from my credit report and they removed it. So i just received a court order from the collection agency represnting Capital One and they want to take me to court for that money. My question is can they do this and garnish my wages for such a old debt and the fact it is only for $820.00 and it was also removed from my credit report.... please any advise will help!!! i am thinking about showing up to court and argueing againist it i have never done this before so i am not sure what to do!!

Answer 1

To say this really clearly, getting something removed from a credit report only means it doesn't show on the report. It doesn't wipe out, cancel or excuse the debt.

Instead of having it wiped as a disputed debt, it would have been better to have sent the credit reporting agency proof that the debt was paid, so they could have shown THAT on the report.

Creditors have 7 - 10 years to collect on a debt. And if they get a court judgment, forever in some cases.

The burden of proof will be on you to show you paid it, because you can be sure they will have proof that you ran up the debt. 2003 is only 5 years ago. Are you sure you don't still have payment records? If not, how did you pay it? Did you use another credit card or checks or what? Call the bank or credit card company to get statements from that time. You payments should show on them. Also, if you have the old Capital One statements showing the balance owed coming down, those would work. Unless you paid the whole thing in just one payment, you surely got account statements from Cap One showing the amount comng down.