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If you show up for court in NJ when a collection agency sues you what is the best way to defend yourself against a judgment?
Wiki User
∙ 8y ago
If the debt is valid then there is no defense. If there's evidence the debt or any part of it is invalid you will have a chance to present it at the hearing. The most important factor is making certain you file ALL of the exemptions for real and personal property that apply under NJ statutes, including any "wild card" options. Most especially the homestead exemption if you are a homeowner.
Wiki User
∙ 8y ago
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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?
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.
How do you satisfy an unsatisfied judgment after another collection agency bought the account from the first collection agency that originated the judgment?
you "satisfy" a judgment by paying balance in full or settlement. but understand that once a judgment has been issued by a court then there can be no one else that does this.
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 credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
No. Court is a must
Can collection agencies take money from a personal bank account?
Yes, if a collection agency files a lawsuit and is awarded a judgment against the debtor. In the majority of U.S. states a judgment can be executed against bank accounts even those held jointly. The exception would be a marital account held in Tenancy By The Entirety (TBE) when only one spouse is the judgment debtor.
Can collection agency garnish from your check a week in Arizona?
A collection agency cannot call your employer to garish your wages. In order for your wages to be garnished, you must be sued by the collection agency. And the agency must win a judgment against you.
How do you reverse a judgment from a collection agency?
If you have a judgment from a collection agency and it is valid, you have to pay it to have it reversed. If it is not valid you can try to appeal it.
Can a collection agency falsley claim to have a judgment against you?
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
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?
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.
Does the collection agency or the court notify you when a judgment is placed against you?
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
How do you satisfy an unsatisfied judgment after another collection agency bought the account from the first collection agency that originated the judgment?
you "satisfy" a judgment by paying balance in full or settlement. but understand that once a judgment has been issued by a court then there can be no one else that does this.
Can a collection agency freeze your bank account in NY?
If you are sued, then yes. First, the collection agency must try to collect from you. Then they can sue you if you don't pay. If they win, the judge can issue a judgment against you. And that is how they can freeze your bank account.
Can collection companies freeze bank accounts?
Yes, a collection agency can freeze your bank account, but only under certain circumstances. A freeze can only occur after the collector obtains a judgment. They would have to go to court to get the judgment against you.
Can collection agency put lien on home in attempt to collect a charged off debt?
If they obtain a judgment against you, some state's houses are protected
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 credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
No. Court is a must
Can collection agencies take money from a personal bank account?
Yes, if a collection agency files a lawsuit and is awarded a judgment against the debtor. In the majority of U.S. states a judgment can be executed against bank accounts even those held jointly. The exception would be a marital account held in Tenancy By The Entirety (TBE) when only one spouse is the judgment debtor.
