The judgment is still collectable, it does not simply go away. The creditor may assign the debt to a third party, who has full authority to collect it, however the creditor may notify you, the judgment debtor, ehere and when to send payments. its still a judgment against you, and will remain so until the creditor instructs the Clerk to cancel it, by stating you have paid, or rather "satisfied" the judgment against you.
No, it's the same account and the new creditor is simply taking over the same rights as the original creditor.
No, as they are the legal agent of the original Creditor and the arrangements made with the collection agency are binding on the original Creditor.
In all likelihood it would be necessary for the creditor to refile the judgment as a new bank account levy or even renew the judgment and then file. The action that can be taken by a judgment creditor is determined by the laws of the state where the judgment is entered.
A judgment occurs when a creditor takes you to court, sues you, and wins his case against you. The creditor must do this before the statute of limitations has expired for the original debt. Typically, the court will try and contact you via mail, but they do not need proof that you were contacted, and you do not have to be present for your creditor to win. The creditor only has to provide proof that the debt is owed. You want to avoid this at all costs; for it is after a judgment is issued that a creditor can seize bank accounts, assets, or garnish wages. In addition, it is easy to renew a judgment once its statute of limitations has passed. In effect, if the creditor is diligent about his renewals, you could find yourself in the position where a judgment against you never expires. A judgment will drop off your credit report after seven years, but your creditor can hound you until the debt is paid.
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.
Judgment creditor garnishments must run consecutively. The creditor who received and executed the judgment first will be paid before another creditor can garnish the debtor's wages. If federal garnishment is used rather than state then it can be a maximum of 25% of disposable income with the first weekly based $154.50 exempt from garnishment. Please be advised, if there is child support deduction order in place it takes priority, with the primary judgment creditor's garnishment still valid but secondary in collection.
yes, as this would make it easier to obtain a judgment and/or wage garnishment for whatever is owed.
Yes but it pretty difficult, since the judgment is a lien on any real estate you own. If the judgment is in effect, the creditor has no reason to take less money. But anything can be settled if you make the proper offer. If you own no real estate, the creditor will have to garnish your wages to get paid. This becomes a bookkeeping problem for them. Even if you get only 10% off the judgment, offer to pay it in full, if you have to borrow the money. You can still save some money.
Yes, the debtor's bank account could still be subjected to levy by a judgment creditor. Garnishments and levies must run consecutively, meaning that there cannot be multiple creditors enforcing judgments at the same time in the same manner.
A judgment is a court order giving a creditor or someone who is owed money (such as money that was borrowed from a friend) the legal right to collect the debt in accordance with the laws of the state. The term "outstanding" indicates the judgment has not been paid or settled, but is still valid. A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.
If you are the 'creditor' of judgment and you sign for a third party to collect, then YES, your right to collect is given up. Because once that is signed you just signed over your judgment over to the third party, and it is considered THEIR judgment now. BUT you will still get your money judgment from the third party.
There is not such an action as "filing a summons", perhaps what is meant is filed a judgment. Creditors have for the most part lengthy time limits in which to execute a judgment once it has been entered against the debtor. A creditor can simply "hold" the judgment until such time they decide that enforcing it is a viable option. For example a debtor who was previously unemployed begins working, the it might be possible for the judgment to be executed as a wage garnishment.
If the monthly statement is not received, you still need to send in your payment. If you do not have the address, you need to call your creditor to see where the payment should be mailed to.
Some judgments/liens are renewable quite literally forever. Being judgment proof does not mean you are relieved of the debt. It is a term used to designate the debtor has no assets at the time of the judgment which could be seized. If sometime later the debtor becomes employed, receives an inheritance, etc. the creditor can enforce the collection of the judgment. How long it stays on the CR will depend on what type of judgment.
If that particular creditor was included in your chapter 13 plan and you completed your plan and received a discharge, that creditor may not thereafter collect. However, certain debts will not be discharged and those creditors may still collect (IRS, tax debts, fraud judgemnts, spousal/child support, etc.).
Yes and no. One can always make arrangements for future payments instead of getting wages garnished, however, if a person is at the point where a creditor has a judgment and is about to garnish wages, then that creditor probably will not agree to anything less than garnishment unless he gets a better offer. Garnishment offers a creditor gauranteed payments but they may be in small amounts and take a long time for the debt to be repaid. But still it is guaranteed. On the other hand if the debtor offers to pay a larger amount or offers to pay a substantial amount now and more later so that the debt is paid faster than with a garnishment, the creditor may agree to those "other arrangements" instead. If a debtor is able to pay a large amount, say 70%, of the debt immediately, the creditor will usually take it and forget garnishment. Creditors do not want to be bothered with weekly bookeeping from garnishments. They prefer to get money and go. This is why these smaller settlements are so often accepted. The creditor gets a good part of the debt and closed the file. Then it writes the amount it did not get as a loss and tatkes a tax deduction on it. Their other motivation is that interest on a judgment is usually at a rather minor rate. The creditor probably has some much better use for the money than collecting some small percent on the debt.
Yes, you still owe the money if for some reason the creditor does not cash your check or has lost it. The creditor can request a new check.
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.
A creditor does not legally have to accept any payment amount except that which is stated in the contract/lending agreement. Also when accepting a lesser payment the creditor is still not barred from using other methods including litigation to collect the debt. Evem of the debtor is making payments on the account the creditor can still file suit for the debt and if granted a judgment in most cases use it as a lien against the debtor's property. Because litigation is expensive and time consuming most creditors (not all) will try to work with the debtor. The debtor should contact the creditor to attempt to make other payment arrangements, not take it upon themselves to simply pay what they can afford.
Absolutely! If by your query you mean can a creditor in Delaware sue and get a judgment from someone in Alabama. If you mean leaving a state where a judgment has been granted and it being enforced in the state you move to, the answer is still yes. It just would be a little more difficult and the additional cost would be passed on to the debtor.
If you have a garishee against your salary can the creditor still charge interest. Thanks Theo
Yes, but if you caused the injury due to an intentional tort or drunk driving, then the creditor can file a motion of non-dischargeability, meaning you would still owe the money. If the p.i. was only based on negligence, then the judgment IS dischargeable.
The debtor must be sued in the court of jurisdication in their state. If the plaintiff/creditor prevails a judgment will be entered in their favor. The judgment can then be executed against property belonging to the debtor in accordance with the governing state laws. Collection agencies often use arbitration where it concerns medical bills. Arbitration allows the creditor to bypass normal court procedures by means of submitting valid evidence of the debt to the arbitration board. The debtor will be informed of the action and given 30 days to submit a written response. Even when an arbitration award is granted to the creditor said creditor must still file the action in the proper state court to receive a writ of judgment.