Is a judgment against everything that you own or are judgments against specific things?
A judgment is against specific things.
What is the statute of limitations on getting a judgment against you for a car repossession and how can you find out if it has already been done?
If you loaned someone some money and it was not repaid as agreed can you file a judgment against them?
In order to procure a judgment against someone for debt, due process has to be followed. Filing a lawsuit in the appropriate venue,(usually Small Claims Court). Obtaining a hearing date, going through the hearing/trial process and being awarded a judgment. Then the judgment has to be enforced which also has specific steps to be followed. Consult court procedures governing lasuits and judgments for your state of residency.
No. A judgment creditor can place a lien against real property but a forced sale of a homestead is not possible. Texas is one of the few states that has a constitutional statute that directly forbids the forced sale of a primary residence for creditor debt. No, Texas has a specific statute which directly forbids the forced sale of a homestead for creditor judgments.
I assume the judgment is against you. If you held the judgment, you will have received money and that may or may not be income. If you pay a judgment against you, whether or not you can "write it off" will depend entirely on what kind of judgment it is. Also, you may be able to write it off for state tax purposes but not federal and vice versa. Usually, paying most judgments does not…
There are several classifications of judgments, but they are all executed by the same basic method. A judgment creditor may execute the writ according to the laws of the judgment debtor's state. Some ways of enforcing a judgment are; income garnishment or levy against bank accounts or seizure and sale of non exempt property or liens against real property. The judgment debtor is allowed specific exemptions for real and personal property, exemptions will differ from…
That really has no bearing on the bankruptcy proceeding or the judgment. By this I mean that having a judgment against you will not necessarily disqualify you from being able to file for bankruptcy. However, under no scheme of bankruptcy proceeding will a judgment be discharged so if that is the reason for filing for bankruptcy then it will not do any good. Court judgments are under the category of nondischargeable debt.
What can you do if an insurance company puts a judgment in against you to take your driver's license?
No. If you owe money to another base on a personal injury judgment against you then it is really not fair to that person for you to have the debt discharged in your bankruptcy proceeding. Civil settlements/judgments are in the category of nondishcargeable debts and will remain with you until you pay them!
Can a civil judgment item entered in 1997 on a credit report be opened for deposition after the seven year period is reached?
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?
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…
Can a creditor obtain a judgment against a debtor who was not served papers and no longer lives in the US?
Yes. There are ways to get judgments against people even though they may not be able to be found in the US. Or put another way, the system properly needs to have methods to allow judgments against people who may otherwise make themselves impossible to find. Clearly, the person should be able to contest it if they feel they have reason, when they do make themselves available to the courts. Just as clearly, if they…
A judgment collects interest for as long as it remains unsatisfied (paid). Likewise a judgment can be executed at any time before it expires against any non protected property belonging to the debtor. Most states allow judgments to be valid for 10-20 years and many are renewable, meaning they can last indefinitely.
How long will an unpaid judgment stay on your record and once removed from your record can the unpaid judgment still be enforced for example if you buy a car or house?
Judgments remain in the public recoreds portion of a credit report for 7 years. Most judgments are renewable and can be reentered thereby making it possible for a judgment to remain on the CR for an undetermined amount of time. Until a judgment is paid in full or satisfied, it is valid and enforceable and can impact any future financial transactions. The FCRA (Fair Credit Reporting Act) Statute of Limitations is 7 years for reporting…
The usual time limit is ten years at a maximum of 8% interest. N.Y. does not allow most judgments to be renewed. A judgment in New York is valid for twenty years. During that time it can enforced against a judgment debtor's income and assets. A lien of a judgment resulting from the docketing of a judgment with the County Clerk is good for ten years, and can be renewed for another ten years.
Deficiency judgments are allowed in Pennsylvania if the mortgage company files a separate lawsuit against the borrowers after the original foreclosure auction. If the mortgagee (usually the foreclosing bank) purchases the property at the auction, the amount of any deficiency judgment is limited by the fair market value of the property.
The judgment holder can execute the judgment by wage garnishment, bank account levy or the seizure and sale of non-exempt personal property, or a lien against real property. Small claims judgments are generally restricted to monetary recovery only and do not allow placements of liens or forced sale of property.
In the state the judgment creditor can execute the judgment as a wage garnishment or, bank account levy, or seizure and sale of unexempt property belonging to the debtor or a lien against real property belonging to the debtor. Missouri is a Tenancy By The Entirety state when it relates to married couples, this means that if only one spouse is the judgment debtor, property that is considered joint or titled jointly cannot be attached…
If the judgments are by a third party against the ex-husband as the only defendant then they are not your mother's debts. If they mention her name as a defendant her estate is responsible. If the judgments were granted to her ex-husband against HER then he can make a claim against the estate as a creditor.
No personal property of an indivual officer of a corporation may be seized to pay a corporate debt. This is so even if that individual is the person responsible for the claim against the corporation. As long as the judgment is against the corporation, only corporate assests may be seized. Sometimes plaintiffs in actions against corporations try to get judgments against the individual officers or shareholders as well as the corporation itself by means of…
Judgments are expunged from credit reports after seven years. However, the judgment itself is generally valid until it is paid in full or satisfied in accordance with the judgment holder's agreement. Judgments both domestic and foreign (meaning outside the state of residency not the U.S.) are valid from 5 to 20 years and the majority are renewable. This allows the judgment to be interminable and to be executed at any given time without notification to…
Can a lien be placed on your home for a personal loan that you cannot pay due to a job loss and reduced income?
It has been my experience that judgments from an eviction lawsuit automatically go on a person's credit rating. If you get a money judgment, you should be able to get a judgment lien form from the court clerk and record it at the county recorder's office. Sometimes this is called an abstract of judgment. This should be picked up by the credit bureau's and go on the credit rating.
The only viable option is for the judgment debtor to protect as much personal and real property he or she owns. Exemptions for lawsuit judgments in Michigan are the same as those that are allowed in bankruptcy. It might also be possible for the judgment debtor to use non-bankruptcy federal exemptions such as SS benefits, government/military pension, etc.
There is no central location to find all judgments against you. You can find most creditor and major liability judgments on your credit report. You are entitled to one free credit report every year from the 3 largest national credit bureaus, TransUnion, Equifax and Esperian. In most cases, the plaintiff or the court will send you a document indicating the judgment has been entered against you. If you move without leaving a change of address…