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What property can a judgment creditor attach if you do not own real property or vehicles and the only money in your checking account is from regular wages?
Wiki User
∙ 13y ago
They can garnish your wages.
Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment.
A judgment creditor can levy a bank account including a joint account or a joint marital account.
Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure.
The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc).
Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor.
Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
Wiki User
∙ 13y ago
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What assets or money can be taken from us if a judgment has been made against us to collect unpaid rent for a business we had to close?
It depends on the details. If the business was incorporated and the judgment was against the corporation the creditor can only take business property and assets. If you owned the business as individuals then a judgment creditor can take any of your assets to satisfy the judgment: bank accounts, vehicles, boats, equipment, real property, etc.
Can a collection agency garnish your wages over a defaulted private career training loan in Texas?
Texas law only allows wage garnishment by a judgment creditor if there is no other means for the creditor to collect monies owed. The state does allow a judgment creditor to levy bank accounts, seizure and sale of non exempt property or lien against real property owned by the judgment debtor. Texas law does not allow the forced sale of a primary residence to satisfy a judgment for creditor debt. Adding: Texas law doesn't allow wage garnishment except for student loans, taxes, or child support. They can levy your bank account and force the sale of non-exempt property like boats, extra vehicles, second homes, etc.
What can occur if you do not pay on a judgment against you for a credit card in the state of Texas?
Texas does not allow wage garnishment or the forced sale of a primary residence when it pertains to creditor judgments. The creditor can place a lien against real property or sometimes vehicles, that belong to the debtor, levy on bank accounts (even those jointly owned) or petition to have non-exempt assets seized and liquidated for the repayment of monies owed.
Is a motorcycle considered nonexempt property?
Yes. A judgment creditor can execute a forced sale of the motorcycle to recover monies owed. If there is still a loan lien on the cycle a forced sale would be very difficult. Also, the loan holder/lender can repossess the motorcycle under the same laws that apply to other vehicles if the borrower defaults on the lending contract.
What can be attached for payment in a repossession of a motor home?
First and foremost, the vehicle. When repossessed, it will be sold and the proceeds will be applied to the debt. Depending on the state, the lender may (if a judgment is obtained) attach your bank accounts: checking, savings, certificates of deposit, mutual funds, dividends paid on stocks and bonds. Also depending on the state, state income tax returns may be attached. Liens may be put on other property. If you have other vehicle loans with the same creditor, they may petition the court for a conversion of collateral and repossess and sell these other vehicles. This may also be done in the event you have a vehicle or vehicles owned out right.
How many cars or vehicles can you have on your property?
You can have as many vehicles on your property as you please, as long as they're YOURS and aren't infringing on ANYONE ELSE's property.
Can a judgment lien apply to all properties I own?
A judgment lien can typically apply to all properties you own, including real estate, vehicles, and other assets. The specific laws regarding judgment liens vary by jurisdiction, so it's important to consult with an attorney to understand how the laws in your area may apply to your situation.
Can a creditor sue you if they have already repossessed the vehicles used to secure the loan?
Yes, they can sue you in the event that the vehicles are not in good enough condition to be equal to the value of the unpaid loan.
Can a credit card company take your car in New York?
No. A credit card company can win a judgment against you, which is a court order to pay a debt. If you still refuse or cannot pay, they can garnish your wages. But the company, who is not the law, cannot take your vehicle. * Vehicles are protected to the extent of the exemption that is allowed under the laws of the state where the debtor resides. It is possible if the exemption does not protect the vehicle and there is a considerable amount of equity the judgment creditor can pay off the lender/lien holder give the debtor his or her exemption amount and then seize and sell the vehicle. This rarely happens as it is expensive and time consuming and the judgment creditor seldom garners enough excess monies for the action to be profitable.
Can you keep your vehicles that are listed in a Chapter 13 bankruptcy if you choose to cancel the bankruptcy?
You can keep them as long asa you keep paying the car loans. But beware that there is court precedent where a creditor can force you to either surrender the property or reaffirm the debt. Reaffirming the debt is never a good idea.
Why is it that the people who own vehicles are the logical candidate for insurance?
The have the property to protect.
What is considered unexempt property in Florida?
Not much if the issue pertains to a married couple, as Florida is a TBE state. Even debtor's who are unmarried have several options for protecting property both real and personal. The largest flaw in Florida's property exemption statutes would be that pertaining to vehicles. The same exemptions that are used for bankruptcy are also applicable concerning creditor lawsuit judgments. For a listing of exempted property allowed under the new BK laws, visit Bankruptcy Action http://www.bankruptcyaction.com
