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Can a creditor charge you more money than what is stated on the judgment filed against you?
Downwithdebt
Not directly. In some instances a judgment can be amended. The usual procedure is for the creditor/collector to file for a new writ of judgment for execution. Which, dependent on the circumstances may or may not be allowed.
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How does wage garnishment work?
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
How do you object to a bank levy?
A bank levy means that someone you owe money to has legally frozen your bank account. That is generally for one of two reasons: You have been notified that you owe taxes and have failed to pay, or, a creditor has won a judgment against you. If you have a tax delinquency you need to negotiate with the state or federal tax collectors and pay the tax lien by paying it in full or arranging a payment schedule. If a creditor has won a judgment against you, you should have appeared at the hearing and stated your objection. You could have appealed the judgment for a short period of time to higher court. it's too late to object now and you must pay the lien.
If you have direct deposit of your social security check can they take the money in your bank account if they have a judgment against you?
The judgment creditor can execute the judgment as a bank levy in which case, the bank must release the amount of funds stated in the court order regardless of how the funds are deposited in the account. The entire balance of an account can be seized if it is needed to pay the judgment order. The judgment debtor should take steps to protect funds within the account that might be considered exempt (Social Security benefits, disability benefits, monies that belong to an account holder who is not the judgment debtor, etc.)
In Missouri can a credit card company freeze your bank account for unsecured debt that is not paid?
Yes, if the creditor sues the debtor and wins a judgment, the judgment can be enforced as a bank account levy. Unsecured debt simply indicates that there is no specific property attached to the debt, it does not mean that a creditor cannot use a judgment to seize any non exempted property belonging to the judgment debtor. In some states including Missouri, joint marital bank accounts (unless otherwise stated), are considered to be held as Tenancy By The Entirety. This means that a joint marital TBE account cannot be levied when only one spouse is the named as the judgment debtor.
Can a judge in Ohio order your bank in Texas to levy your account?
Under the full faith and credit law the judgment creditor (holder) can obtain an exemplified copy of the judgment from the clerk of the court in the district where the judgment was awarded.The judgment holder then sends the document(s) to the clerk of the court's office in the county/city and state where the judgment debtor resides. The judgment will then be executed in the manner stated, (garnishment, lien, bank account levy, etc.).Texas does allow bank account levies by judgment creditors. Therefore, a Texas magistrate will sign the "foreign" judgment and canorder it enforced as a bank account levy.
If a certain percentage of your wages is being garnished how does the creditor know how much you earn?
The employer is required to withold the percentage of garnishment that is stated in the court order or risk a contempt of court charge. That being the case it is not actually necessary for the judgment creditor to know how much the debtor earns. The plaintiff must also present disclosure documents of income and assets if ordered by the court. This type of order should under no circumstances be ignored and should be responded to as accurately and truthfully as possible within the time limit set.
Can a lien be place on your house if you continue to make small monthly payments on credit card debts?
A creditor does not legally have to accept any payment amount except that which is stated in the contract/lending agreement. Also when accepting a lesser payment the creditor is still not barred from using other methods including litigation to collect the debt. Evem of the debtor is making payments on the account the creditor can still file suit for the debt and if granted a judgment in most cases use it as a lien against the debtor's property. Because litigation is expensive and time consuming most creditors (not all) will try to work with the debtor. The debtor should contact the creditor to attempt to make other payment arrangements, not take it upon themselves to simply pay what they can afford.
How long do you have to pay a civil lawsuit judgment?
That is difficult to determine as it depends on the judgment holder and the laws of the state in which the judgment was awarded. Before the judgment can be executed it must be filed with the clerk of the court and signed by the judge. How the judgment holder chooses to collect the debt (wage garnishment, bank account levy, lien, etc.) would also have a bearing on when the judgment is enforced. Of course the judgment debtor also has the option of trying to negotiate with the judgment holder to pay the debt owed.
Will you be able to sell your house with a car lien on it and if not how long does the car lien last in Massachusetts?
If there is a judgment lien on your property in Massachusetts the recorded lien is good for six years. Before the six years expires the creditor can obtain an extension from the court and the extension is good for another six years. The judgment is good for 20 years but it must be updated in the land records as stated above in order to encumber the debtor's real property. As long as the lien is updated you cannot sell or mortgage the property until the lien is paid.If there is a judgment lien on your property in Massachusetts the recorded lien is good for six years. Before the six years expires the creditor can obtain an extension from the court and the extension is good for another six years. The judgment is good for 20 years but it must be updated in the land records as stated above in order to encumber the debtor's real property. As long as the lien is updated you cannot sell or mortgage the property until the lien is paid.If there is a judgment lien on your property in Massachusetts the recorded lien is good for six years. Before the six years expires the creditor can obtain an extension from the court and the extension is good for another six years. The judgment is good for 20 years but it must be updated in the land records as stated above in order to encumber the debtor's real property. As long as the lien is updated you cannot sell or mortgage the property until the lien is paid.If there is a judgment lien on your property in Massachusetts the recorded lien is good for six years. Before the six years expires the creditor can obtain an extension from the court and the extension is good for another six years. The judgment is good for 20 years but it must be updated in the land records as stated above in order to encumber the debtor's real property. As long as the lien is updated you cannot sell or mortgage the property until the lien is paid.
Is a judgment against you the same as a subpoena?
No. A judgment is a legal instrument granted by the court to the plaintiff for debt owed by the defendant. The judgment creditor may then execute the judgment according to the laws of the debtor's state to recover monies owed. A subpoena is a written order from the court requiring the named person to appear at the date and time stated to give testimony and present the requested documents. NEVER fail to respond to a subpoena. To do so could result in being charged with contempt of a court order if the judge believes the act was made with the deliberate intent to obstruct justice. The maximum sentence for contempt of court is two years in a state or federal facility depending upon who holds jurisdiction in matter.
If you drive without auto insurance and got involved in an auto accident what could possibly happen to you?
There are several aspects to this question: 1. If you are at fault for the collision and a claim is made against you, you may be sued and held personally liable for resulting damages in the form of a court judgment. 2. If you contend that you are not liable for the collision, or contest the amount of damages, you may have to hire a lawyer at your own expense to defend you. 3. If damages exceed a stated amount and you do not voluntarily agree to pay them, your license and tags may be suspended if you are convicted for the moving violation that caused the collision. 4. If a judgment is entered against you for damages (see #1), and the judgment remains unpaid for a stated period of time, your license and tags may be suspended until arrangements are made to pay the judgment. 5. The judgment can be recorded in the public records of the country in which you live. It thereby becomes a lien on property that you own or acquire during the life of the judgment. For example, if you attempt to sell land on which the judgment has been made a lien, the judgment creditor will be paid from the proceeds of the sale. 6. You may be ticketed by the investigating police officer for not having the required insurance. If convicted, you will usually be required to pay a fine. Also, your license may be suspended by virtue of the nature of the offense. 7. Your driving record will be adversely affected, which will make insurance more costly in the future.
What happens when a judgment exceedes the amount that the insurance covers?
This is not good, for you! It means that the Insurance co. has met their obligation and if there is an amount still owed, you're stuck with it! You may be sued by the adverse party and they may obtain a Judgment against you. However, in some cases, the Judge may order the Insurance co. to pay the Judgment and they will come after you for the full recovery, minus the amount stated in your policy! Good luck!
