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Should you file chapter 7 before you get a judgment against you?
Wiki User
∙ 14y ago
For a judgment to be given, one must be "served" papers and a court hearing held. However, the service does not actually have to give you the paperwork for your summons, the law says that they only have to do their best to serve these papers and that might even include taping them to your door as a last resort. If a legal situation gets to this point, and you have already thought about filing, then it seems to me that it is beneficial to do so before the papers are served. However, if someone wants to put this process off as long as possible, then even the day after being served papers will be sufficient since on filing the process of being "sued" will be halted by the courts via your lawyers request.
Hope this helps, I personally just went through this process and did not start my filing until after I received my summons via the third part server. It's never too late until the date that you are suppose to go to court for the hearing.
Now, if one chooses to ignore the summons, then they can have a judgment placed on them more easily since they did not go to the court date. On that note, there is also a chance that a judgment will NOT be placed on someone if they do make the court date with legitimate reasoning behind their inability to pay the debt. However, that is very unlikely.
Wiki User
∙ 14y ago
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Should a letter stating that a bank account was going to be frozen?
No. You should have gotten notice of the judgment made against you before the freeze.
Can a creditor get a judgment against you before the court date?
no
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
Why should you read the end chapter questions before reading the chapter?
These questions indicate what you should look for as you read.
Are you required to appear in court before your wages can be garnished?
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
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
Would our judgment awarded by courts prior to defendants chapter 13 bankruptcy take precedent to the assets before the assets are taken in the bankruptcy?
No.
Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
yes of course
What explains why you should read the end-of-chapter questions before reading the chapter?
To give yourself a preview
What happens when a judgment is fileled against you can thy take any of your property?
i live in Louisiana a hospital is try to sue me for a dept if they gain a judgment against me can they take any of my property If a judgment is assessed against you, they can take your property. Depending on the type of suit and who the judgment creditor is, collections on judgment can be in the form of garnishments ( served upon your employer to hold your wages or even your bank accounts), to the judgment being recorded in the county you reside which will result in your not being able to buy or sell a home (or buy one for that matter) until the judgment is paid in full. Should you die before the money is collected, "they" can also collect the proceeds from your estate before any money is disbursed to your family. Best advice - contact an attorney in your area (check the yellow pages for a general practioner or litigation attorney) hopefully they will be able to negotiate a settlement (reduced amount) and have the judgment set aside - or even file a motion to stay collection proceedings while they work on an appeal for you. Good luck!
If was a judgment against your wife before you got married will that affect you when selling your home?
Any debts incurred by a person before marriage belong to them entirely, and will not affect the other spouse.
