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Can multiple judgment collection methods be used at the same time?

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2011-09-12 15:43:57
2011-09-12 15:43:57

Like anything there may be an exception, but more than likely yes...absolutely!

The party owed the debt is allowed to use any and all legal means to collect it, until the entire amount that is due them is received. Once there is no debt all actions must cease.

There is no requirement that only one method be used and in fact, if the debt allows it (most do), the amounts expended for each of the methods may increase the debt to be collected by each of the collection methods.

Conversely - someone under a judgment has no "right" to avoid paying it, using either one or any number of methods of avoidance, including ignoring legal demands. The obligation is to pay your debts, actually before they become judgments. Obviously the laws would rightfully generally be on the side of one owed an amount.

No. A judgment creditor can only execute the writ in one form, such as a wage garnishment or bank account levy. A single judgment cannot be used in multiple ways to collect the debt. This is one reason wage garnishment is the preferred method of creditors as the garnishment will stay in effect until the debt is paid.

If multiple creditors have obtained judgments against the debtor the judgments will be enforced according to their priority. Multiple judgments cannot be executed against a debtor at the same time. For example if several judgment holders place liens against a debtor's property the first lien holder gets paid first, and then the second and so on. The same holds true for wage garnishments or the levying of bank accounts.

Additionally the debtor has the legal right to protect exempted personal and real property from creditor attachment to the extent allowed by state and federal laws.

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Related Questions


What clock on collection? (The time it is reported for on your credit report has nothing to do with how long the debt is actually owed).

Judgment collection laws vary by state, but the law laws in most states give the creditor broad discretion on how to enforce the judgment. In California for example, there is no law against putting a lien on the debtor's home before, during or after the wage garnishment. * In the majority of cases a single judgment cannot run concurrently nor can the single same judgment be executed as multiple methods of "cure". The exception is child support and/or federal or some state tax arrearages.

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Yes. The law in all US states does not allow multiple judgment actions by a single creditor but it does allow consecutive acts of judgment by multiple judgment creditors. For example a wage garnishment or bank account levy is possible by one creditor, seizure and sale of non exempt property by a different judgment creditor, and so forth, however, one creditor cannot execute a judgment by using concurrent methods . Liens are the exception, there can be multiple liens against real property at the same time, with the liens being prioritized according to the date they were filed. Joint bank accounts in the majority of US states are subject to levy by a creditor judgment. The exception being a few states that allow a bank account to be held by a married couple as Tenancy By The Entirety where only one spouse is the debtor.

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It stays the same: "Collection"

The same way you collect on any other judgment.

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There is no time limit regarding the dispute of information on your credit file. The Fair Debt Collection Practices Act provides a time limit for disputing a collection account, with exceptions and limitations. You can dispute a judgment by the same means as any other item on your credit report. You should be aware that legal entries in the public record portion of your credit report have different methods of getting on your credit and different standards of verification.

No. Overloaded methods have the same name, but different signatures.

Yes, the debtor's bank account could still be subjected to levy by a judgment creditor. Garnishments and levies must run consecutively, meaning that there cannot be multiple creditors enforcing judgments at the same time in the same manner.

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i have a judgement recorded against someone is this the same as a judgement lien?

Not for the same debt, but a wage garnishment can be implemented by one judgment creditor and a bank account levy by an additional judgment creditor.

Just write two methods with the same name, but different types of parameters.


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