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Can the creditor garnish your wages if you are not married to the debtor but have the same bank account?
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Can a creditor garnish wages and seize money from a bank account in Michigan?
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.
If a person has not missed a payment to a credit card company and they cancel him can they garnish his wages?
If the account is considered in default because the payments were not the minimum required, then a creditor has the option to pursue litigation against a debtor. Before a creditor could garnish the wages of a debtor a lawsuit would have to be undertaken and a judgment entered against the debtor. The judgment could possibly be executed as a wage garnishment according to the laws of the debtor's state of residency.
Can credit cards garnish your paycheck in Iowa?
Yes. A creditor can sue for a debt and if they get a judgment they can use the judgment to garnish the debtor's wages.
Can they garnish from his bank account?
Yes. A garnishment is usually served upon a 3rd party holding assets of a debtor. So if a garnishment is served on a bank where the debtor has an account the bank will have to answer how much are in those accounts and a turn over order can be issued so that the creditor may collect his judgment.
Can a creditor or individual use a judgment to garnish a debtor's federal and state tax refund?
If I remember right, you can. * No. Only government agencies can seize federal or state tax refunds for matters such as tax or child support arrearages. A creditor or lender would need to execute a judgment against the debtor's bank account if the state laws where the account is held allows the action.
Can joint checking accounts held by persons who are not married be garnished?
Yes. A joint account held by persons who are not married nor related can be levied by a judgment creditor to the extent of the funds in the account that belong to the debtor.
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
Can a joint bank account be levied by a judgment creditor when only one account holder is the debtor?
Yes. Usually when a joint account is garnished by a judgment order and only one person on the account is the debtor, the court will 'freeze' the account and the non debtor account holder will need to submit proof of the amount of funds in the account that belongs to them. An exception could be,if the account is held by a married couple as Tenancy By The Entirety and only one spouse is the debtor.
Is it legal for a creditor or debt collection agency to access a bank account for debt collection?
To access to bank account as such, no. But if the debtor agrees to have ACH for payments, then the creditor or collection agencies can withdraw funds, or depending on the state laws a Judge can authorize to garnish wages from the bank. Find laws that apply to the debt in the resources box
What is the difference between a sundry debtor and a sundry creditor account?
sundry debtor is whom they baught goods on credit basis
What happens when a charged off account is bought out by an attorney and taken to court?
The debtor is served a civil summons to appear the lawsuit hearing. If the debtor does not appear he or she loses the case by default and a judgment is entered in favor of the plaintiff 9creditor). If the debtor does appear and loses the case which is the normal scenario, a judgment is still entered in favor of the creditor. The creditor can then use the judgment to garnish wages or take action against other real and/or personal propety belonging to the debtor.
Can a debt collector garnish wages if they are not the original creditor?
Yes. If they sue the debtor and win a judgment the creditor or collector can execute the judgment in accordance with the laws of the debtor's state. Texas, Pennsylvania, South Carolina and North Carolina are the only US states that do not allow wage garnishment for creditor debt.
