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We have a small claims judgment against a person and that person dies how do we collect?
Wiki User
∙ 16y ago
YOU SUE THE ESTATE
Wiki User
∙ 16y ago
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A creditor won a judgment against me and the estate of my marriage for a debt incurred prior to my marriage can my husband's wages be garnished to collect on this judgment?
If the husband was not liable for the debt, then his wages cannot be garnished to collect on the judgment. The judgment is against the person who incurred the debt.
Is a judgment against the person or property?
A judgment can be against either the person or their property. A personal judgment is against the individual's assets or income, while a lien on property is against the person's property.
How do you get a judgment against someone who owes you money?
Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.
Does judgment end when creditor dies?
A judgment does not go away when a creditor or a debtor dies. In the event it is a person who has obtained the judgment, his or her estate or assigns would be able to continue to collect against any monies owed. Judgments do expire, but times for this vary from state to state.
How do you get a garnishment order?
You have to get a judgment against the person in court first.
How do you garnish wages on a debt?
The person who is owed the debt files a lawsuit against the debtor and if granted a judgment can in most states use it as a wage garnishment to collect money owed. The amount a person's wages can be garnished by a judgment creditor is regulated by state or federal law. Some states do not allow wage garnishment if a judgment can be collected in some other manner, such as a bank account levy or lien against real property belonging to the debtor.
Who get paid after winning a lawsuit?
If the plaintiff (that is the person who filed the law suit) wins (i.e. is awarded a judgment), then they can attempt to collect the money that they were awarded by the Court. There is no guarantee that they will be able to collect any money, as the Court is not involved in this process and it is up to each individual plaintiff to collect on their judgment.
If the person dies with a judgment against him are his heirs responsible for the debt?
It will come from the deceased person's estate.
What is Form 7.343 used for?
Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.
Is it illegal to send letters with false claims against a person?
yes
How do you locate a person in Utah if you desire to garnish their wages?
Do you have judgment against the debtor?
Can a person file a judgment against you in Panama City Panama?
If they have cause, yes.
