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Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
Wiki User
∙ 8y ago
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
Wiki User
∙ 8y ago
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Can a credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
No. Court is a must
How long can a debt collector collect a debt from a judgment?
A writ of judgment is a court order giving the winning plaintiff the right to collect money owed according to state laws. Judgments can be used to obtain wage garnishment, bank account levy, liqudation of nonexempt property that belongs to the debtor or liens against real property. Most judgment liens can be (are) renewed until they are paid, which means they can stay on a credit report an indefinite period of time. Without knowing what type of judgment or state in which it was awarded it is not possible to say if there is a time frame in which it needs be executed.
If a credit card company has a judgment against you can they force you to sell your home?
The forced sale of a homestead to pay unsecured creditors is in some cases possible. However it is very seldom done. In the majority of situations the homestead exemption will protect the property. Other factors negating a forced sale depend on how the property is titled and state statutes. Not knowing your state of residency I regret I cannot be more specific.
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What happens if you owe a lender a great deal of money but they are unable to find you until the statute of limitations is up?
The SOL regulations are sometimes misunderstood. The SOL can be used as a defense for debt(s) not being collectible. But, substantiating evidence has to be submitted to the court, an SOL IS NOT automatic. It is entirely possible that a judge will find reason to disallow an SOL defense. One instance could be the subject of this query. If the debtor deliberately avoids contact with the creditor(s), in other words "hides out." Each state enacts laws pertaining to creditor/debtor litigation. Therefore it is difficult to assess the consequences of attempting to avoid creditors w/o knowing state statutes pertaining to such action.
Can a credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
No. Court is a must
Can anyone garnish a checking account?
I don't know if this helps anyone or not but I know that I have a friend who had went to court several months ago over a dr bill. The judgment was set for her to pay so much a month. She missed a payment and then all of a sudden she started getting bounced check notifications in the mail. when she called to find out what was going on because she and her husband had just been paid, the bank told her that there was a levy put on her account. No. A collections agency can garnish wages. A court can order you to pay up, but no one can go into your checking account and take money away. A checking account can be seized by the IRS or by court order. a collection agency did seize and close my checking account, by court order, without knowing where or even if I had an account. so yes it is possible. this happened 2-20-2006 A creditor must follow due process meaning a winning a lawsuit and having a judgment entered against the debtor defendant and then executing the judgment as a bank account levy. In some cases the creditor will ask the court to "freeze" the funds in the account until the case is heard, this is generally done when there is a reason to believe the debtor will attempt to transfer or remove the money. It's a fairly simple matter for a judgment creditor to find a bank account, especially if they have kept a record of payments made from the account. Joint accounts are also subject to judgment levy except with the exception of marital counts held as TBE. The IRS and/or state tax agents cannot arbitrarily remove money from an account they must have a court order and the debtor must be informed before the account is seized. With the exception of the state of Massachusetts the IRS may only levy a bank account once.
What protection do you have after a judgment is placed against you in the state of Illinois?
A petition with exemptions that were applicable to the defendant should have been presented to the court. All states have a set of exemptions that protect specific property from creditor attachment. W/O knowing the state of residency I cannot give a more specific answer. Sorry! My state is Illinois... I have been served and a court date is set for Judgement day. What protection can I get or do I have being a home owner?
What happens when judgment is file against you from an apartment complex and you are still living in the apartment?
It means that the court has awarded them some kind of judgment against you, usually a monetary amount. Your place of residence is immaterial. As long as you are paying your rent and abiding by the conditions of your lease it seems you would be okay. BUT, not knowing all the particulars of your problem it is possible they may take action to evict you.
Can you place a lien against someone without them knowing?
In the Unites States the creditor must obtain a judgment lien in a court of jurisdiction. The debtor will be served with notice of the action to give them the opportunity to defend against the charges. If the lien is approved, a copy will be delivered to the debtor and a copy will be recorded in the land records. The civil law doesn't operate in secret in the US. In the case of a lien for property or income taxes, those can be recorded in the land records and notice of the debt has already been sent to the tax delinquent.
Can they get judgment without you knowing if was filed?
Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.
How long is a judgment lien valid against a home in New York?
Without knowing the facts in your case I will post a Statute from New York dealing with a Levy on Real Property. Insofar as I can tell, and without knowing your situation here is a New York statute that may answer your question:§ 5235. Levy upon real property. After the expiration of ten yearsafter the filing of the judgment-roll, the sheriff shall levy upon anyinterest of the judgment debtor in real property, pursuant to anexecution other than one issued upon a judgment for any part of amortgage debt upon the property, by filing with the clerk of the countyin which the property is located a notice of levy describing thejudgment, the execution and the property. The clerk shall record andindex the notice against the name of the judgment debtor, or against theproperty, in the same books, and in the same manner as a notice of thependency of an action.Here is a link to this Statute: http://caselaw.lp.findlaw.com/nycodes/SLCVP0A52.htmlI need more facts. If you supply them perhaps I can be more definitive. Just send me an e-mail at lawinfo31@yahoo.com.
How long can a debt collector collect a debt from a judgment?
A writ of judgment is a court order giving the winning plaintiff the right to collect money owed according to state laws. Judgments can be used to obtain wage garnishment, bank account levy, liqudation of nonexempt property that belongs to the debtor or liens against real property. Most judgment liens can be (are) renewed until they are paid, which means they can stay on a credit report an indefinite period of time. Without knowing what type of judgment or state in which it was awarded it is not possible to say if there is a time frame in which it needs be executed.
Can your bank account be garnished if you have someone else on your account?
Maybe, it depends on the laws of the state of residency and how the account is set up. Also there are states which do not allow garnishmen or wages or bank accounts for certain debts. In most cases a joint account by persons who are not married can be levied upon. Basically the account is "frozen" by court order, then the non-debtor account holder has to petition the court to release the funds belonging to them. Without knowing the state of residency it is not possible to be more specific, sorry.
Is enlightenment still important?
Enlightenment is the opposite of lack of knowing. Lack of knowing is always to be fought against, as it leads to superstition and lies.
Who was the first white person against slavery?
There are no records kept of someone who was the first white to be against slavery. There is no way of knowing.
Can the state offer a forgiveness against a tax lien?
a Tax lien was issued against a busniss not knowing the tax was collectable.
