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Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
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∙ 12y ago
yes of course
Wiki User
∙ 12y ago
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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.
If you have a judgment and after 7 years it's off your credit does that mean that the creditor can't put a lien on any of your property?
I don't know if the laws are the same everywhere, but we had to get a judgment against someone and had a lien placed on his house. We were told that if we went back to court before the 7 years were up we could get another judgment against him and keep the lien in place. He's had a lien on his home for over 10 years now -- and until he pays his debt or the law changes we'll keep going back to court. Of course, he owes us a LOT of money. A judgment has to be renewed by the plaintiff at set intervals, determined by law. You can find the SOL relative to judgments for your state, and if the statute has expired, contact the court to see if the judgment has been renewed by the plaintiff. If not, they can't collect.
How do you get an outstanding judgment placed on someone's credit report?
Placing JudgmentsFirst you need to win the judgment in court proceedings. Then with that paperwork, you can contact the credit reporting agency. With that judgment, you can also do a search of the person's assets (through the internet) and put a lien on the assets.Individuals do not report judgment awards to credit reporting bureaus that is done by independent agencies contracted by the credit bureaus.A judgment cannot be used to access a person's financial and personal information, that is done via discovery documents issued before the judgment is entered against the debtor/defendant.
What is the difference in retrospective and prospective judgment?
The retrospective or retroactive judgment is that one which also effects on the facts done before the time on which the judgment is issued while the prospective judgment only take effects after the time on which it's issued.
How long before a collection agency can file a judgment in Washington state?
i will have a judgment but on me if i don't pay back the money...for doing deck repair i don't have the money know can they go in my bank account
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
Does a credit card have to be charged off when a judgment is granted?
An account is charged off before a judgment. The judgment creditor can execute the judgment against non-exempt property belonging to the debtor as a means to recover monies owed. The preferred method is wage garnishment followed by bank account levy or a lien against real property. It is also possible for the creditor to seize and sell other personal property belonging to the debtor, but creditors are generally reluctant to take such action.
Can you place a lien on property held as joint tenant for value of inheritance that they agreed to purchase at time of inheritance?
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
Can a creditor get a judgment against you before the court date?
no
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
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.
Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Are you responsible for a spouse's debt before marriage?
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
If your wife is sued for something that happened before you were married can a judgment be made against your assets in N.C.?
It would be possible for a judgment creditor to levy a marital bank account that was held as joint tenants. The non-debtor spouse would be responsible for submitting proof to the court the amount of funds which belonged to them. Likewise if the couple have jointly owned property a judgment creditor would be able to place a lien against the debtor's share, but a forced sale of said property would not be possible. What would determine if such action is possible is how the property is titled.
What can a credit card company do if an Alzheimer patient fails to pay off the balance?
The creditor can seek a court judgment and if successful can record a lien against the debtor's property. The lien must be paid before the property can be refinanced or sold. The creditor can also file a claim against the debtor's estate.
What happens when a judgment is fileled against you can thy take any of your property?
i live in Louisiana a hospital is try to sue me for a dept if they gain a judgment against me can they take any of my property If a judgment is assessed against you, they can take your property. Depending on the type of suit and who the judgment creditor is, collections on judgment can be in the form of garnishments ( served upon your employer to hold your wages or even your bank accounts), to the judgment being recorded in the county you reside which will result in your not being able to buy or sell a home (or buy one for that matter) until the judgment is paid in full. Should you die before the money is collected, "they" can also collect the proceeds from your estate before any money is disbursed to your family. Best advice - contact an attorney in your area (check the yellow pages for a general practioner or litigation attorney) hopefully they will be able to negotiate a settlement (reduced amount) and have the judgment set aside - or even file a motion to stay collection proceedings while they work on an appeal for you. Good luck!
