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.
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.
they are removed by the act of filing a satisfaction of judgment with the county clerks office
Yes. Follow the rules in your state for filing a judgment.
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.
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.
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.
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.
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.
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
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.
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
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.
No, debts acquired after the filing cannot be included in the BK petition.
In general, no. You should write your own motion.
No they do not close your Checking or Savings account
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.
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.
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)
Filing by country/state/county, and then by alphabetical or numerical order by name or account number.
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.
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.
You may find it difficult to open a checking about after filing bankruptcy, so I suggest opening the account before you file.
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 u keep your checking account after filing chapter 13?
Yes. Consult a knowledgeable bankruptcy attorney.