In almost every US state and in most circumstances a creditor can execute a judgment as a lien against real property, perfect the lien and then request the court to order a forced sale of a primary residence. In the majority of situations the homestead exemption protects a primary residence from a forced sale. Even if when the homestead exemption does not provide adequate protection it is extremely rare for a creditor to attempt the action and very unusual for the court to grant a forced sale. A home that is jointly owned by a married couple as Tenancy By The Entirety cannot be attached by a creditor judgment if only one spouse is the debtor. All disability benefits are exempt from creditor garnishment under federal and/or state law. To assure there is not garnishment/or levy possible, disability benefits should not be commingled with other funds deposited in checking or savings accounts.
No. All disability benefits whether private, SS or RRB are exempt from creditor action for debt(s) owed.
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Only if they pay off the outstanding debt owed on the mortgageOnly if they pay off the outstanding debt owed on the mortgageOnly if they pay off the outstanding debt owed on the mortgageOnly if they pay off the outstanding debt owed on the mortgage
Yes, but only if it is with the original creditor and not a collection company.
Yes, the original creditor should have notified you that you had an outstanding balance. The creditor also notifies you that they will be submitting your debt to a "third party" collection agency. This is usually the final notice before your debt is sold. If you never received a notice, it is not required that the original creditor send you notice, all it is is common curiosity that they do.
No. Although the spouse can be affected by the outstanding debt when applying for joint credit or if a joint bank account is levied by a judgment creditor.
yes you can, if there are no outstanding payments. otherwise, your creditor might apply the second payment towards the outstanding debt. that is the easy way out for them.
If the debt relates to tax arrearage and/or child support then yes, SSD benefits can be garnished via a court order. SSD cannot be garnished for creditor debt.
No he certinally CANNOT. It's not allowed. Not legal.
State laws do not govern SSD or Veteran Disability benefits. Such benefits are protected under federal exemption laws and are not subject to attachment for creditor debt only.
No, disability payments are exempt from creditor judgment. You should, however, never have monies commingled in a bank account to avoid the possibility of judgment levy upon said account. All disability payments should be held in a single account belonging to the beneficiary or the beneficiary's appointed trustee.
Recall of a debt by a creditor is when the original creditor asks for the debt to be returned to them after they have sold it, often to a collection agency. This may occur if the debt has not been collected for a certain amount of time, and the debt will be sold to another agency to collect, or if the debtor offers the original creditor a settlement.