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Can one state file a lien on out of state property belonging to a debtor?
Wiki User
∙ 13y ago
If they find it, they could take the necessary legal steps to obtain a lien depending on the circumstances of the debt.
Wiki User
∙ 13y ago
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Can the credit card co take your state income tax return you file joint with your husband who is retired?
No. A creditor cannot seize any property belonging to a debtor until said creditor sues the debtor(s) and receives a judgment order.
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.
What funds can be taken through the courts to pay a judgment in Pennsylvania?
The state does not allow wage garnishment for creditor debt, but does allow garnishment for court ordered child support and/or spousal maintenance or state, federal, municipal taxes owed. Bank garnishment is allowed by state laws, if the account is held jointly, the non-debtor account holder will be notified and can file a petition to have the funds in the account belonging to them exempted. Other actions that might be taken are a lien against real property, the forced sale of non-exempt property belonging solely to the debtor.
What can the credit card companies do if you refuse to pay a debt in Texas?
The creditor can file suit against the debtor and if the creditor is successful and is awarded a judgment the judgment can be executed against all non exempt real and personal property belonging to the judgment debtor.
Can a lien be placed on your property in one state if you move to another?
Yes. The judgment creditor can also file an Abstract of Judgment against property owned by the debtor in another state if the action is warranted.
How do you collect on a judgment when defendant lives out of state?
File a "foreign judgment" against the real property owned by the judgment debtor. This is done by contacting the tax assessor/land office in the county where the debtor resides. If the debtor does not have real property that can be encumbered by a lien, the judgment holder will need to secure a domestic judgment (requires another suit) from the state court in the county where the debtor resides to seize personal property or garnish wages for the repayment of the debt.
Can a checking account be attached to satisfy an award in favor of a credit card company by an arbitrator in the state of Texas?
The creditor will still have to file for a judgment in circuit court before they can take any action against nonexempt property belonging to the debtor. Bank account levy is possible in the state of Texas, wage garnishment is not.
What can be taken from you in a judgment?
State laws dictate what personal and real items belonging to a debtor are exempt from execution of a judgment writ. The preferred method of judgment creditors for enforcing the writ is wage garnishment or bank account levy against the judgment debtor. Generally the same property that is exempted in bankruptcy proceedings will also be exempted from attachment by a judgment creditor. It is in the best interest of the judgment debtor to obtain legal advice if faced with such a situation. The debtor's property is NOT automatically protected they need to file documents required by the court to keep exempted property from being possibly seized for sale or encumbered by liens.
Who can file Mississippi tax lien?
The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.
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.
If a credit card company won an arbitration against you do they have to file a lawsuit against you to enforce that arbitration?
No, but they do have to file for a judgment in the appropriate state court in the county where the defendant debtor resides. The debtor retains all his or her legal rights to personal and real property exemptions allowed by the laws of the state and if necessary and more advantageous to federal non bankruptcy exemptions.
If a judgment is entered against you in a county where you don't reside does the creditor have to file a new lawsuit in the county where you do reside?
No, once the judgment is granted, it applies to you, not your county. All they need is your new address. * Perhaps. If the judgment holder wants to enforce the judgment in a method other than filing an abstract judgment against the debtor's real property then the creditor will have to file a suit in the county where the debtor resides. Judgments granted in one county or state can only be transferred to another county or state as liens against real property owned by the debtor.
