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Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
Wiki User
∙ 17y ago
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
Wiki User
∙ 17y ago
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Can fianace companies garnish wages for a car repo?
Not until they have gone to court and won a lawsuit or judgment again you.
How do you garnish wages to collect on a civil lawsuit judgment in NY state?
To garnish wages to collect on a civil lawsuit judgment in New York State, you would first need to obtain a court order from the court where the judgment was awarded. Once you have the court order, you would provide it to the debtor's employer, who would then withhold a portion of the debtor's wages to satisfy the judgment amount. There are limits on how much can be garnished from a debtor's wages in New York, depending on their income and other factors.
Can a credit card company that filed a debt as a charge-off still file a judgment against the debtor?
Yes, the creditor or more likely a collector who buys the account can file a lawsuit against the debtor. If the plaintiff (collector) wins the suit, they will be awarded a writ of judgment. A judgment can be used to garnish wages, levy bank accounts, place liens against real property or liquidate nonexempt property owned by the debtor.
How do you garnish someone?
If your not a State or Federal Agency, then you would need to file a lawsuit, win a judgment, and file a Motion for Garnishment with the courts, and typically you must know the information of what you are seeking to garnish.
Can credit card law firm collectors garnish your wages in the state of Arizona?
Yes, if they win a lawsuit against the debtor and receive a writ of judgment they can execute said judgment as a wage garnishment.
Can your wages be garnished for a vehicle that was repossessed 7 years ago?
A creditor cannot garnish your wages unless they file a lawsuit and obtained a judgment against you. The time deadline to file a lawsuit will vary by state.
Does a lawsuit by debt collector affect credit score?
Yes, a lawsuit by a debt collector can affect your credit score. If the debt collector wins the lawsuit and obtains a judgment against you, it may be reported to the credit bureaus, which can negatively impact your credit score.
What are the steps a credit card company does before they garnish your wages?
Simplified version: File a lawsuit, win the suit, receive a writ of judgment, execute the judgment as a wage garnishment against the debtor/defendant. The average length of time from the filing to the hearing of a creditor vs.debtor lawsuit is 15 months.
Can a warrant be palced if you don't pay a payday loan in Texas?
No warranty can be placed. They can file a civil lawsuit against you, then get a judgment to garnish your wages or property. This is a civil matter.
Can collection agencies garnish your wages?
Collection agencies cannot garnish wages or seize property. They can refer the deliquent account to a collection attorney who can file a lawsuit. The attorney must be licensed in the debtor's state and the lawsuit must be filed there. If the lawsuit is won, a writ of judgment can be issued. The writ can be executed in the form of wage garnishment, bank account levy and seizure of nonexempt property. There are collection firms such as Mann Bracken who are also collection attorneys, they handle accounts from large banks such as Bank One/Chase. MB has been authorized to act as an arbitration collector, which differs somewhat from traditional lawsuit action. ("Macky" macky83@juno.com)
What if I can't afford a lawsuit judgement?
You'll either have to plea for a more reasonable payment plan, or else they'll garnish your wages and confiscate your property in order to pay the judgment.
In the state of Michigan can a deficiency judgment garnish wages?
In Michigan, deficiency judgments can be used to garnish wages if a lender obtains a court order allowing them to do so. This means that if there is a foreclosure or repossession, and the sale of the property or asset does not cover the full amount owed, the lender can pursue a deficiency judgment to collect the remaining debt, including through wage garnishment.
