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Capitol one got a judgment against you and without notice removed all money from your bank you have no money for food Is this legal?
Wiki User
∙ 14y ago
Yes, clearly it IS legal. You should have received notices that the creditor was trying to get their money. You did not respond to those notices within the time allotted by law. Since you did not pay attention to the notices, the creditor probably figured that you WOULD pay attention if they took your money using the same legal system that allowed you to take their money. Now they have taken their money from your account through a judgement. There is no easy way to fix this.
You can go to court, plead your case, and you may have some success. But more than likely your attorney's fees and court costs will be more than you owed the creditor - or those legal costs will just be too much to manage on an already tight budget. You may want to seek legal aid for assistance.
Sad isn't it...These creditors that RUINED our country can literally make families go hungry. Now if thye had a problem, they would get bailed out. Sad, sad country we live in.
Wiki User
∙ 14y ago
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Can a collection agency have the court garnish your wages in NC for debt owed to a banking institiution?
Yes, provided there is an outstanding judgment against you. Without the judgment, neither the agency nor the original creditor has any recourse for garnishment, and will not be able to obtain an order for garnishment.
Can a creditor garnish your bank accounts in Fl without notification?
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
If a judgment has been made against a debtor and the debt is turned over to a collection agency is the agency able to garnish wages without taking the debtor to court?
If a judgment is in place the judgment holder can execute it under the provisions of the law of the debtor's state. It would not be necessary for the creditor to transfer the debt to a collection agency. That being said, a judgment is not transferrable, so if the original judgment holder did not record the judgment and take action they could not simply "pass it on" to another collector unless that collection agency was acting in their behalf and was part of the original suit.
Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
Can you use a judgment that you own to pay a debt to the debtor of that judgment?
In the Bible it says, "Let he who without sin cast the first stone." So whomever that may pass judgment be in debt to those who prove them wrong. So you may only pay off the debt of judgment if the person(s) judgment of you has been in turn, forgotten.
Can you file bankruptcy once a judgment is entered against you in the state of Pennsylvania?
Yes, but the judgment may not be discharged in BK without compensation.
How can a civil judgment be removed without paying back?
Civil judgments are good for 20 years in many jurisdictions. All you can do is try to wait out the creditor and hope it doesn't move to seize your personal property such as your car or bank accounts. You can't sell or mortgage your real property if a judgment lien is recorded against you in the land records until the lien has been paid.
Can you file a judgment against a person without a lawyer?
Yes, it is called Pro Se, you can file a civil complaint against someone and the judge will determine whether a judgment in your favor will be granted, it is up to you and not the court to enforce the judgment.
Judgment Assignment?
Judgment Assignment(Download)________________, referred to as JUDGMENT HOLDER, and _________________, referred to as ASSIGNEE, agree:On ________________________, JUDGMENT HOLDER recovered a judgment against _________________, in the _________________, case number __________________, in the original principal amount of $_____ (__________________ & ___/100 dollars).JUDGMENT HOLDER assigns said judgment to ASSIGNEE without recourse or guarantee of payment.JUDGMENT HOLDER agrees to execute any further documents which may be required to perfect this assignment.Dated: ______________________________________________________________ Judgment Holder_______________________________________________ Assigneecc Party against whom the Judgment is heldJudgment AssignmentReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. We recommend you copy the party whom the judgment is held against to help promote collection. This is a strictly tactical decision based on the strategy worked out between the Judgment holder and the new Assignee.1. Make multiple copies for your records.
Why do people emerge from bankruptcy want to pay for judgment against his company?
The wording is so poor that this question will be impossible to answer without more details.
Can a judgment be placed against you without your knowledge?
yes,..but a few legal things must be satisfied first and among those things are notices made public so that you cannot say that the opportunity to have knowledge about the judgment was not afforded to you.
How do you get a judgment removed from your credit if its not yours?
By "not yours" I assume the debt or whatever wasn't charged by you, or whatever...if you didn't file an answer to the initial lawsuit you are screwed unless you can prove fraud to the person that filed the suit...if you can, then they can probably have the judgment released, or dismiss the case without prejudice.
Can personal property be seized from the president of a corporation that has a judgment against it?
No personal property of an indivual officer of a corporation may be seized to pay a corporate debt. This is so even if that individual is the person responsible for the claim against the corporation. As long as the judgment is against the corporation, only corporate assests may be seized. Sometimes plaintiffs in actions against corporations try to get judgments against the individual officers or shareholders as well as the corporation itself by means of a legal theory called "piercing the corporate veil". This is usually not successful. But even if the plaintiff were successful and got a judgment against the corporation and the individual, the individual's property would not be subject to seizure because of the judgment against the corporation. His/her property would be subject to seizure because there would be a judgment against him/her personally. This is the whole purpose of the corporate structure to begin with, that is, the ability to run a business without fear of personal liablity.
How do you get prejudice?
By passing judgment without knowledge of what your judging. But then again who are we to pass judgment?
Can the renter move after the eviction if filed and not go to court?
Even if you move, if you do not answer the eviction complaint, a default judgment will be entered against you without any further notice.
How do I clear the title for my property from a lien against me for a credit card debt?
The person whose property is encumbered will need to pay the judgment lien or file a lawsuit requesting the lien be removed valid proof that the lien is without merit will need to be presented at the hearing.
If you move to Massachusetts can your wages still be garnished for a repossession in Oklahoma?
Yes, but the creditor would have to sue in the debtor's state court in the county where the debtor resides and if awarded a judgment execute the writ under the laws of Massachusetts not Oklahoma. If the judgment creditor already holds a writ of judgment in Oklahoma they can file it as an abstract judgment against the debtor's real property without the necessity of court procedure.
