Yes, Texas, Pennsylvania, South Carolina.does not have a law directly prohibiting wage garnishment, but the specifics of the garnishment law make it nearly impossible for such action to be taken.
Courts do not collect debt owed when it pertains to a civil judgment. In civil cases the judge orders a judgment to be entered against the debtor, the judgment creditor uses the judgment in whatever manner is allowed by law to collect the debt. Example, the creditor receives a judgment in a civil suit, then files the judgment as a wage garnishment against the debtor, the judge signs the garnishment order and the sheriff or other officer of the court serves the garnishment order on the employer of the debtor.
If you're asking whether you can levy or garnish someone else's Social Security survivor benefits to satisfy a civil judgment, the answer is no. Only the Treasury Department can garnish Social Security benefits, and only for limited reasons, like back alimony, child support, unpaid taxes, or debt owed to other federal departments. Regular creditors are prohibited by law from attaching these funds.
It may be possible to place a lien against real property owned by the judgment debtor. In most states concerning a small claims judgment property liens are not allowed and the plaintiff would have to file a lawsuit in circuit court to obtain another judgment writ that could be executed as a property lien. The inability for a creditor/lender to enforce a judgment is quite common, a fact many winning plaintiffs do not discover until even more money is lost on litigation. Before pursuing litigation it would be in the best interest of the lender to discover if a judgment could be executed in a timely and productive manner, or enforced at all. Almost 90% of debtor/defendants are considered "judgment proof" when it involves creditor lawsuits.
If someone has a civil judgment against you, it is possible that your assets may be ats risk. However, the laws of most states also protect a portion of your assets. The types an amounts of property that you can protect from a judgment creditor will vary be state. However, it is usually not very cost effective for a judgment creditor to go after the debtor's car. Having a civil judgment on your credit history will make it more difficult for you to get a car loan. It will be difficult, but not impossible.
what is a judgmenta "judgment" is usually for money damages or for money owed. Its an official finding and order of a court that "Y" owes "X" so much money and orders "Y" to pay.If the defendant refused the court's order to payk the plaintiff (the one who sued) can enforce the order(the judgment) in various ways. For example, he or she can put a lien on property, garnish wages(illegal some states), etc. Once a lien is placed on property, the plaintiff can often force a sale and get his money from the proceeds. The judgment always shows up on credit reports and is definitely a factor when you apply for credit. E Terrill Corley
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