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Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment?
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∙ 11y ago
No
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∙ 11y ago
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What can happen if you cannot pay a judgment in the state of Virginia?
Judgment creditors prefer to use wage garnishment or bank account levy to execute the judgment writ. If neither of those remedies apply the creditor can seize and liqudate non exempt property belonging to the debtor, or place a lien against real property (jointly owned property can usually be attached by a creditor lien).
Can your bank account be garnished by a creditor in Pennsylvania?
Yes. The state allows the levy of bank accounts even those held jointly by judgment creditor(s).
If you are self-employed with 50000 in credit card debt what can they do if you don't pay them and you don't want to file bankruptcy?
The creditor(s)can file a lawsuit against the debtor and if they win a judgment they can execute it against any nonexempt property owned by the debtor. The preferred method is wage garnishment, followed by bank account levy (even joint accounts can be garnished). Other options to the creditor are the seizure and sale of property that is not considered exempt under state law, including jointly owned property and liens against real property (also if jointly owned)such as a home, vehicle, boat, etc. In the majority of states a forced sale of any real property is possible, including a home if it is not covered by the allowed homestead exemption. Creditor judgments are valid for 10 to 20 years and are usually renewable. A judgment creditor can hold the execution of the judgment until the debtor obtains property that can be seized or can execute the judgment within ten days after it has been awarded.
What might be the consequences for non-payment of credit card debt?
Credit cards are considered unsecured debt. Unsecured debt simply means that specific property has not been used as collateral to "secure" the debt. A creditor can use standard collection methods such as phone and mail contact, as long as they do not violate the FDCPA. The creditor also has the option of filing a lawsuit against the debtor. If a creditor wins a suit (and they always do) a judgment will be entered against the debtor. There are several ways a judgment can be enforced, the preferred method is through wage garnishment, followed by bank account levy. Other options are the seizure and sale of non exempt property belonging to the debtor or a lien against real property (in very rare instances a forced sale of a home can be done). In the majority of states jointly owned property is subject to creditor attachment. In other words, a bank account jointly held can generally be levied by a creditor judgment.
What legal action can be taken in the state of Texas for charge off debt?
The creditor/lender can file a lawsuit in the appropriate court of the debtor's state. If the creditor wins the suit a judgment will be entered against the debtor. A judgment can be executed against the debtor's nonexempt property/assets including jointly owned marital property and assets, as Texas is a CP state. The state does not allow wage garnishment for creditor judgments but it does allow bank levy, seizure and liquidation of nonexempt property and liens against real property (a forced sale of a primary residence is not allowed). The exemptions that are allowed in bankruptcy are the same ones available to the debtor when defending property against a judgment creditor. In addition, the debtor may be able to use federal non-bankruptcy exemptions to further protect personal and real property from creditor attachment.
Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment in Missouri?
Generally, it can only take the interest of the debtor and not the co-owner. In the case of married couples, Tenancy by the Entirety property is fully exempt from creditors of one spouse and property owned by married couples is assumed to be held as tenants by the entirety.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
Can a lien be placed on a property jointly owned by 2 people primary house or rental property if one of the owners has a judgment against them by a creditor?
can a property or business be liened if one of the owners, owe debts
How do leins work in North Carolina?
North Carolina does not allow wage garnishment for creditor debt. Liens against real property are possible if the creditor wins a lawsuit judgment and chooses to execute it as a lien against real property owned by the debtor. N.C. also allows a judgment creditor to levy bank accounts even if they are jointly held.
What can happen if you cannot pay a judgment in the state of Virginia?
Judgment creditors prefer to use wage garnishment or bank account levy to execute the judgment writ. If neither of those remedies apply the creditor can seize and liqudate non exempt property belonging to the debtor, or place a lien against real property (jointly owned property can usually be attached by a creditor lien).
How do court judgments work in Missouri?
In the state the judgment creditor can execute the judgment as a wage garnishment or, bank account levy, or seizure and sale of unexempt property belonging to the debtor or a lien against real property belonging to the debtor. Missouri is a Tenancy By The Entirety state when it relates to married couples, this means that if only one spouse is the judgment debtor, property that is considered joint or titled jointly cannot be attached by the judgment creditor.
How can a civil judgment be enforced in South Carolina?
Methods for collecting a judgment are the levy of bank accounts, seizure and sale of non exempt property belonging to the judgment debtor, or a lien against real property belonging to the debtor, in some cases including the debtor's share of property that is jointly owned. If none of the above methods are viable in enforcement of the judgment the judgment creditor can obtain a wage garnishment. Also, in rare cases the judgment creditor can request the court to order a forced sale of real property to satisfy the debt owed. Actually, in SC the only debt that they can garnish wages for is child support.
Can your bank account be garnished by a creditor in Pennsylvania?
Yes. The state allows the levy of bank accounts even those held jointly by judgment creditor(s).
If you are owed 150K on a promissory note and the other party is refusing to pay how can you collect?
The creditor(lender) will more than likely have to file a lawsuit against the debtor (borrower) to recover monies owed. If the creditor wins the suit a judgment will be entered against the debtor. The judgment can be executed according to state laws against any nonexempt property belonging to the debtor. The judgment holder should use caution when seizing property, as they can be penalized for incumbering exempted property of the debtor or possibly jointly owned property. The safe and expedient method of enforcing a judgment is by wage garnishment.
If you are self-employed with 50000 in credit card debt what can they do if you don't pay them and you don't want to file bankruptcy?
The creditor(s)can file a lawsuit against the debtor and if they win a judgment they can execute it against any nonexempt property owned by the debtor. The preferred method is wage garnishment, followed by bank account levy (even joint accounts can be garnished). Other options to the creditor are the seizure and sale of property that is not considered exempt under state law, including jointly owned property and liens against real property (also if jointly owned)such as a home, vehicle, boat, etc. In the majority of states a forced sale of any real property is possible, including a home if it is not covered by the allowed homestead exemption. Creditor judgments are valid for 10 to 20 years and are usually renewable. A judgment creditor can hold the execution of the judgment until the debtor obtains property that can be seized or can execute the judgment within ten days after it has been awarded.
In Illinois can joint tenants who are also heirs intestate be required to sell the jointly owned property to pay the debts of the deceased?
Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.
What might be the consequences for non-payment of credit card debt?
Credit cards are considered unsecured debt. Unsecured debt simply means that specific property has not been used as collateral to "secure" the debt. A creditor can use standard collection methods such as phone and mail contact, as long as they do not violate the FDCPA. The creditor also has the option of filing a lawsuit against the debtor. If a creditor wins a suit (and they always do) a judgment will be entered against the debtor. There are several ways a judgment can be enforced, the preferred method is through wage garnishment, followed by bank account levy. Other options are the seizure and sale of non exempt property belonging to the debtor or a lien against real property (in very rare instances a forced sale of a home can be done). In the majority of states jointly owned property is subject to creditor attachment. In other words, a bank account jointly held can generally be levied by a creditor judgment.
