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Can a judgment be entered against a defendant if his current address is not known?
Wiki User
∙ 18y ago
It is possible, but very remote. In this day and age, it is usually pretty easy to find someone to serve them with a lawsuit. But there are exceptions to every rule. If you can show due diligence in attempting to personally serve a defendant with a lawsuit and you just can find them, you can apply to the court for service by publication. This means you can have have notice of the lawsuit published in the paper and that can be legally valid service. I have done this once in my 12 years in practice, but it very rarely happens.
Wiki User
∙ 18y ago
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What does a Dismissal without Prejudice judgment meaning for defendant?
"WITHOUT prejudice" is indeed the key phrase! It means that the current case against the defendant is dismissed, HOWEVER, the prosecution has the option of re-charging the defendant again - perhaps after they cure a defect in the original case, or under a different statute. It is generally only a momentary reprieve for the defendant.
In support of initiating a garnishment order how do you find a person's current employer information such as phone and address if they have disappeared?
There are companies that do "skip tracing" which of course means the person holding the judgment has to pay out even more money and hope that it can be recovered. A public records search may turn up property owned by the defendant which in some cases would allow the judgment holder to place a lien against said property. Even knowing the person's whereabouts and employment does not guarantee the judgment can be successfully executed as there are states that do not allow the garnishment of wages,the levy of bank accounts, nor the attachment of jointly owned property of any type. The first rule in considering a lawsuit is to be certain a judgment award can be satisfied, more times than not a debtor will be "judgment proof".
How do you collect on a judgment Texas?
File the judgment as a bank account levy or lien against real property or etc. with the clerk of the court in the city or county where the judgment was entered. Texas does not allow a judgment creditor to garnish current wages (see CIVIL PRACTICE AND REMEDIES CODE below) Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages. The only other exceptions for wage garnishment are in the case of child support, back taxes and student loans. If you are self employed or work for commissions etc. different rules apply. Your paycheck can be garnished once it has been deposited in your bank account. Other income or holdings can be garnished if the following applies: Sec. 63.001. GROUNDS. A writ of garnishment is available if: (1) an original attachment has been issued; (2) a plaintiff sues for a debt and makes an affidavit stating that: (A) the debt is just, due, and unpaid; (B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and (C) the garnishment is not sought to injure the defendant or the garnishee; or (3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. A private individual cannot garnish tax refunds of another private individual. Contact the office of the clerk of the circuit court (or court where the judgment was entered) for information on proper filing and execution procedures.
What is current address mean?
Current address
What is current address word meaning?
Current address
What is Adam G Sevani's current address?
Wrong email addy try againHis actual e-mail address for fans is AdamSevani4u@hotmail.com
How does a new landlord place a lien on tenants security deposit with current landlord?
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
What is whtiney houston's current address?
Her current address is 128 upyours
If a collection agency gets a judgment against you can they garnish your checking account for more than the judgment amount?
The collection agency can freeze your account, and garnish enough to satisfy the FULL amount of judgment, including court costs, attorneys fees AND interest accrued, which averages about 10%. So because the judgment verdict also has attached to it various fees, and accrues interest, the collection agency has the right to garnish the FULL CURRENT VALUE of the judgment. Your court of origin should be able to provide a full accounting of the current value of your judgment.
When was Boats Against the Current created?
Boats Against the Current was created in 1977-08.
What's address line?
Address line is for your current address or P.O box.
Is your credit line is based on your monthly income your current debt and length of residence at your current address?
Yes, your credit line is based on your monthly income your current debt and length of residence at your current address.
