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Answered 2005-06-23 18:21:02
You need to get a copy that ALL TAXES have been paid from the IRS or if in Canada, Revenue Canada and take a copy of this document for the banking institution (but take in the original as well) to the banking institution and show them the proof. Sit there until they have completely absolved this mistake on your account.
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How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
When and how are judgment liens removed?
they are removed by the act of filing a satisfaction of judgment with the county clerks office
Can a lien be filed after a judgment has been made?
Yes. Follow the rules in your state for filing a judgment.
Is a judgment removed by filing a chapter 7?
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
If a collection agency freezes your bank account and on the next day you file for bankruptcy can they still freeze your money?
A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.
If a judgment has been issued for a repossession deficiency will it affect a 401K when cashed in and can they place a lien on your home which is homesteaded or take the money if it is sold?
A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.
How do you remove a lien on your checking account?
Checking accounts are levied by means of a court ordered judgment. Most bank account levies are good for a period of thirty days and then must be renewed through the court. In some states the levy depending upon what it is for can remain on the account until the amount of the judgment has been collected. The holder of the account cannot have the levy removed without filing a petition with the court where the creditor received the judgment. For the levy to be suspended or ceased the judgment debtor/account holder must present evidence for "just cause". Such evidence might be that the funds in the account are not subject to seizure because they are of exempt status, such as Social Security or public assistance benefits.
What is the difference between a summary judgment and a default judgment?
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
Is it better to enter a judgment on a credit report before or after a bankruptcy filing. I have a judgment that isn't on my ex-husbands credit report. He is filing chapter 7 I won't be dismissed.?
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
How do you remove a judgment from your credit report that is not valid?
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
How do you go about appealing the termination of parental rights?
You need an attorney who specializes in custody issues and the appeal must be filed within a short period of time after the judgment. The court can advise you of the time period for filing an appeal from the judgment.You need an attorney who specializes in custody issues and the appeal must be filed within a short period of time after the judgment. The court can advise you of the time period for filing an appeal from the judgment.You need an attorney who specializes in custody issues and the appeal must be filed within a short period of time after the judgment. The court can advise you of the time period for filing an appeal from the judgment.You need an attorney who specializes in custody issues and the appeal must be filed within a short period of time after the judgment. The court can advise you of the time period for filing an appeal from the judgment.
Can a creditor add an account to your bankruptcy when the account was opened after filing and you didn't include it yourself?
No, debts acquired after the filing cannot be included in the BK petition.
Is there a form for filing a motion to amend a judgment?
In general, no. You should write your own motion.
Do they close your current bank account when filing for bankruptcy?
No they do not close your Checking or Savings account
What is required to sell a small claims judgment?
If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.
What are Pennsylvania laws of filing a lien on property for medical bills?
Generally the creditor must obtain a judgment by suing the debtor. If successful the creditor must request a judgment lien. The judgment lien can then be recorded.
An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?
Service of summons must be perfected for it to ever come to a default judgment against the defendant. I'm sure they are looking at other avenues to serve you - but, at this point, it sounds as if you have yet to be properly served. So, no default judgment (which would only come after you not filing an answer in time AFTER your summons)
What is geographical filing system?
Filing by country/state/county, and then by alphabetical or numerical order by name or account number.
Can a joint bank account between a mother and son be levied by a judgment creditor when only the son is the debtor?
Yes. Judgments can be executed against joint accounts with the exception of accounts held by a married couple as Tenancy By The Entirety when only one spouse is the debtor. The usual procedure is for the account to be frozen and the non debtor account holder filing a motion with the court to have the portion of funds belonging to them released. The best option if the debtor believes he or she may be sued, is to remove themselves from the account to avoid the joint holder being penalized. If the debtor has received a civil summons or a judgment has already been awarded, then no action can be taken in regards to the account to prevent attachment by the judgment creditor.
What is an outstanding judgment on a credit report?
An outstanding judgment is a court order that gives a creditor the legal right to collect from a debtor. As court judgments are a matter of public record, a creditor can report the judgment on the debtor's credit reports. An example of a judgment placed on a credit report would be a judgment for eviction. This judgment will remain on the credit report for seven years from the filing date.
Is it better to open a new checking account before or after filing for bankruptcy?
You may find it difficult to open a checking about after filing bankruptcy, so I suggest opening the account before you file.
If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?
No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.
Can you keep your checking account when you file for bankruptcy?
Can u keep your checking account after filing chapter 13?
Can assets be protected from a personal injury judgment by filing bankruptcy?
Yes. Consult a knowledgeable bankruptcy attorney.
