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If a judgment is against you for a debt can the debtor come in your house and take personal property of your spouse?
Wiki User
∙ 11y ago
I am not 100% sure of the answer to this, but I do know alittle bit that might help. If you are married, all that you and your spouse owns becomes community property, meaning legally, it's yours and your spouse's. So with that said, they can probably get your spouses stuff if they are allowed to get your stuff. Except, I know in divorce, that if you owned something before the marriage, your then entitled to it at divorce and it's not community property then, so maybe it would be the same in this situation. Also If I am not mistaken, credit card people etc., can only get things that you actually bought with a credit card, but usually don't. Also if it is a judjement as far as something like child support owed to another person is concerned, then I think they are only allowed to get money, etc from the one owing the support if the other spouse isn't the parent to the child. I know they can only take the person who owes the support's part of a income tax check. Well I hope this helps a little, but maybe it will help if you make your question a little more tailor made, because there is a lot of different circumstances that could affect the answer to this question. Maybe you can find your answer on www.legal-database.net
AnswerLegally the sheriff can attach any property belonging to the debtor which is not exempted under state laws, that the judgment creditor wishes to execute the judgment against. The reality is creditors do not bother with used household goods unless they are secured debt, such as a TV purchased from Sears. In community property states all marital property belongs equally to both spouses, likewise all debts incurred in a marriage are owed by both spouses; thereby making all nonexempt property subject to creditor action.Creditors prefer to execute judgments as wage garnishments, bank account levy,the liquidation of bonds, stocks, etc. and liens against real property.
If a debtor believes they may be sued the best option is to seek legal advice from a qualified attorney. Most attorneys offer free or minimal fee consultations. State bar associations offer free attorney referral services as does the American Bar Association, http://www.abanet.org
Wiki User
∙ 11y ago
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Can a credit card company put lien on your property in California?
Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment 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.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
If a credit card company obtains a judgment against you what happens?
The judgment creditor can execute the writ according to the laws of the state in which the judgment debtor resides. The preferred method is wage garnishment or bank account levy. Other options for the judgment creditor is the seizure and sale of unexempt real and personal property belonging to the debtor or liens against real property belonging to the debtor.
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.
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
What happens when a collection becomes a judgment?
States establish the type and amount of real and personal property belonging to the debtor that can be attached by creditor judgment. In most states a judgment can be executed as a wage garnishment or bank account levy or lien against real property or seizure and liquidation of non exempt property belonging to the debtor.
What can a creditor do with a final judgment in Florida?
The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor.
What does a judgment mean on an unsecured credit card?
It means the creditor has won a lawsuit, been awarded a writ of judgment and can execute the judgment against non-exempt assets and property as defined by state law that belongs to the judgment debtor. The preferred method of executing a judgment is by wage garnishment, followed by bank account levy, the seizure and liquidation of non-exempt property and liens against real property. The state exemptions allowed for personal and real property when properly used can give the defendant/debtor considerable protection against the enforcement of a creditor judgment.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
Is a lien by a creditor placed on the debtor or the debtor's attorney?
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
Can a credit card issuer place a lien on your property in Pennsylvania?
Yes, if the creditor sues the debtor and is awarded a judgment the judgment can be used to place a lien against real property belonging to the debtor.
