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Can a creditor receive a judgment and or lien against me even though you have never appeared in court?
Wiki User
∙ 12y ago
If you fail to appear in court a default judgment can be entered against you
Wiki User
∙ 12y ago
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Can a credit card company put a lien against your property in North Carolina?
Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.
In New Jersey can your wages be garnished for unpaid credit card debt?
Yes, if the creditor wins a lawsuit against the debtor, the creditor will receive a judgment and the judgment can be executed as a wage garnishment or bank account levy or other remedies allowed under the laws of the state.
Can a loan company file a judgment in Texas?
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.
Are you required to appear in court before your wages can be garnished?
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.
What will happen when i go to court for a credit card bill I haven't paid?
You will be given the facts against you and an opportunity to reply with a defense. Failing to persuade the court, you will be ordered to make an attempt to negotiate a settlement with the creditor. Failing that, you will be ordered to pay and a judgment will be entered against you. The creditor may then file and execute a lien on anything you own, earn or ever receive, until the judgment has been satisfied.
How do you stop lawsuits or judgments against you by creditors?
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.
What are the laws of filling a lien on personal property for medical bills?
The debtor must be sued in the court of jurisdication in their state. If the plaintiff/creditor prevails a judgment will be entered in their favor. The judgment can then be executed against property belonging to the debtor in accordance with the governing state laws. Collection agencies often use arbitration where it concerns medical bills. Arbitration allows the creditor to bypass normal court procedures by means of submitting valid evidence of the debt to the arbitration board. The debtor will be informed of the action and given 30 days to submit a written response. Even when an arbitration award is granted to the creditor said creditor must still file the action in the proper state court to receive a writ of judgment.
If you have one credit card judgment against you can you receive another one against at the same time?
No
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 creditor garnish your bank accounts in Fl without notification?
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
Can a credit card company take a judgment against you if it is unsecured and it has been over 4 years?
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)
Does a debt collection agency have to go to court to collect?
Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.
