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If a judgment is entered against you in a county where you don't reside does the creditor have to file a new lawsuit in the county where you do reside?
Wiki User
∙ 17y ago
No, once the judgment is granted, it applies to you, not your county. All they need is your new address. * Perhaps. If the judgment holder wants to enforce the judgment in a method other than filing an abstract judgment against the debtor's real property then the creditor will have to file a suit in the county where the debtor resides. Judgments granted in one county or state can only be transferred to another county or state as liens against real property owned by the debtor.
Wiki User
∙ 17y ago
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How do you file for a judgment for an unpaid promissory note?
The creditor (holder of the note) would need to file a lawsuit in the court of jurisdiction where the debtor(borrower) resides. If the creditor prevails in the suit a judgment will be entered against the borrower. The creditor can then execute the judgment in accordance with the laws of the debtor's state.
What is a filed judgment?
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.
Can a lien for an unsecured loan be filed against a law suit?
A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.
Can a person's wages or bank account be garnished for credit card debt in Texas?
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
When does a credit card company start garnishing your wages?
After the creditor wins a lawsuit and has been awarded a judgment against the debtor and then files the judgment as a wage garnishment action.
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.
How can you stop a judgment against you?
The only way to avoid having a judgment entered against you is to show up on the hearing date of the lawsuit with a valid defense. Please be advised, the only acceptable defense in a creditor vs. debtor lawsuit is the debtor/defendant bility to provide proof the debt is not valid. As unsympathetic as it seems, loss of employment, illness, not having the financial means to repay, is not considered a legal defense.
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.
How do you stop lawsuits or judgments against you by creditors?
The only option for stopping a lawsuit and/or obtaining relief of judgments is filing bankruptcy. Otherwise, once a creditor has filed a lawsuit against you and you receive notice of the hearing, or recovered a judgment against you, you cannot stop the process.
What can happen in the state of Georgia if a debtor can not afford to pay a judgment?
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.
If you are owed 150K on a promissory note and the other party is refusing to pay how can you collect?
The creditor(lender) will more than likely have to file a lawsuit against the debtor (borrower) to recover monies owed. If the creditor wins the suit a judgment will be entered against the debtor. The judgment can be executed according to state laws against any nonexempt property belonging to the debtor. The judgment holder should use caution when seizing property, as they can be penalized for incumbering exempted property of the debtor or possibly jointly owned property. The safe and expedient method of enforcing a judgment is by wage garnishment.
Can your wages be garnished for a vehicle that was repossessed 7 years ago?
A creditor cannot garnish your wages unless they file a lawsuit and obtained a judgment against you. The time deadline to file a lawsuit will vary by state.
