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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?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y 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.
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 a bail bondsman garnish your income tax without notifying you first?
No one can arbitrarily file a wage garnishment order against a debtor for whatever reason without having obtained a valid writ of judgment via a lawsuit.Additionally, the only agency that can levy/garnish a tax refund is the IRS and/or in some instances a state tax agency for tax arrearages owed. Another exception for the seizure of a tax refund is child support arrearages.
Can an internet payday loan garnish wages in Ohio?
They only can provided that they are legal to operate in Ohio and that they have a judgement against you first. Payday lenders have tried to garnish wages by sending a garnishment notification to clients human resource departments but this is not legal. Only the federal government can garnish wages without a court order.
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.
Can they Garnish a check without a judgment?
No, a check can't be garnished without a garnishment. Only a judge can give permission for a persons check to be garnished.
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 a collection agency garnish wages without a court order?
No, they must follow the legal steps that are required by the laws of the debtor's state.
If a credit card is past the statute of limitations can one still be garnished there are 3 credit reports it doesn't appear on 2 and the other 1 states satisfactory account?
Not if you go to court! They cannot garnish your wages without going to court to get a judgment. If you fail to show up in court and simply tell the court that the debt is outside the statute of limitations, then you may have a judgment against you. And yes they can garnish your wages if a judgment has already been awarded. So go to court if it goes that far and immediately ask that the case be dismissed based on the statute.
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.
Can a bail bondsman garnish your income tax without notifying you first?
No one can arbitrarily file a wage garnishment order against a debtor for whatever reason without having obtained a valid writ of judgment via a lawsuit.Additionally, the only agency that can levy/garnish a tax refund is the IRS and/or in some instances a state tax agency for tax arrearages owed. Another exception for the seizure of a tax refund is child support arrearages.
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.
I need to garnish wages?
Not really... they taste fine without a garnish.
Can a auto finance company garnish your wages in a repossession?
Yes, if they obtained a judgment in the processes. No employer will release wages to a third party without a valid order of garnishment however.
I am self employed Can a collection agency file a 1099 and garnish your tax return if the debt is over six years old and the debtor has been in Ohio for six years?
A collection agency has no legal powers. Some agencies are collection attorneys who can file lawsuits. Regardless, no one can seize another person's property without due process according to the persons state of residency laws. In other words they have to take you to court, win a judgment, execute the judgment, this takes a considerable amount of time. The exception is child support and/or spousal maintenance, or a court order that was already in place.
