No. A valid judgment from the court must be obtained and filed in the manner the creditor/lender chooses to recover the debt before any money or other assests can be seized or encumbered from the debtor.
Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.
No
If you fail to appear in court a default judgment can be entered against you
Only if they know you are getting it and have a judgment against you.
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.
Yes, if they win a lawsuit against the debtor and receive a writ of judgment they can execute said judgment as a wage garnishment.
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
Any creditor who is owed money and for whom the contract has not been honored by the borrower can file for a judgment in Texas and every other state of the US. Whether or not the creditor will receive that judgment is a matter up to the courts, however the judgment typically goes in favor of the creditor.
The only option for stopping a lawsuit and/or obtaining relief of judgments is filing bankruptcy. Otherwise, once a creditor has filed a lawsuit against you and you receive notice of the hearing, or recovered a judgment against you, you cannot stop the process.
It is quite possible,most credit card accounts are unsecured. A creditor can file a lawsuit and if it is won, receive a writ of judgment that can be executed against all nonexempt property that belongs to the debtor. Each state has SOL's that pertain to open accounts such as credit cards. However, the expiration of the SOL does not automatically stop a creditor from seeking collection of a debt. (Macky..macky83@juno.com)
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