A judgment creditor cannot seize a refund, that action is only available to the IRS, state tax agencies or state child support enforcement agency. The judgment creditor would need to levy the debtor's bank account, garnish income or enforce the judgment by other means allowed by the laws of the debtor's state.
Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.
Every person that files for bankruptcy or has a judgment awarded against them in a lawsuit is entitled to certain property exemptions. Exemptions are determined by the state law where the person resides. For homeowners the most important would be the homestead exemption which can be used to protect a home from a forced sale. Even if the home cannot be kept, the person can claim the maximum homestead amount allowable under state statutes.
One of the difficulties a judgment creditor has is executing the judgment. The court will not assist the creditor in finding assets belonging to the debtor unless the creditor has filed and been granted a motion of discovery. The options for finding a debtor's bank account are somewhat limited unless the creditor has a copy of a check or the name of the banking facility. One method is to call bank branches that are closest to where the person resides and see if you can persuade the bank to tell you if the person of that name banks there. Be advised, the bank has no legal obligation to impart the information (and they seldom will) unless they are presented with a court order.
The person has either state or federal tax arrearages and a lien has been filed against real property belonging to the person owing back taxes. The usual due process of law, meaning a lawsuit filed and judgment awarded, does not apply to state and/or federal tax owed recovery methods.
If it is your own personal check, and you wish to deposit or cash it, yes.
The judgment is against the person, not the property.
An opinion is a personal judgment that a leader or another person makes.
An opinion is a personal judgment that a leader or another person makes.
When a person is taken to civil court (for example, a credit card company suing a cardholder to get paid back), the court makes a judgment for or against the plaintiff (entity initiating the lawsuit, in this example, the credit card company). If the judgment is for the plaintiff, the result is effectively a judgment against the defendant (the person taken to court in the example). Part of the judgment is the amount that is to be paid to the entity winning the court case (judgment). Judgements against a borrower (and the amount set to be paid by that borrower) will make their way onto the credit report and will cause a drop in credit score.
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.
You have to get a judgment against the person in court first.
YOU SUE THE ESTATE
In the event that there is personal or private property which has been damaged or destroyed, the courts can help. The person with the damaged property can file a lawsuit against the person who is responsible for the damage. If the court finds in favor of the person who has filed the lawsuit, it will enter a judgment against the person who damaged the property, which will make them legally responsible for paying for the damage.
It will come from the deceased person's estate.
If the husband was not liable for the debt, then his wages cannot be garnished to collect on the judgment. The judgment is against the person who incurred the debt.
Do you have judgment against the debtor?
If they have cause, yes.