Texas does not allow wage garnishment or the forced sale of a primary residence when it pertains to creditor judgments. The creditor can place a lien against real property or sometimes vehicles, that belong to the debtor, levy on bank accounts (even those jointly owned) or petition to have non-exempt assets seized and liquidated for the repayment of monies owed.
If a creditor/lender obtains a writ of judgment from the court in the state where the debtor resides, said judgment can be executed against real and personal property belonging to the debtor. In matters of judgments for CC debt in most US states it is possible for the judgment holder to place a lien against a vehicle (depending upon how the vehicle is titled) and request a forced sale. However, even though it is possible it is not in feasible for the judgment creditor to take such action and therefore highly unlikely to occur. The judgment debtor can also, garnish wages, levy bank accounts, seize and liquidate non exempt assets (stocks, bonds, etc.) or place a lien against real property. The judgment debtor should familiarize themselves with what real and personal property is exempted from attachment according to the laws of their state. Generally these exemptions will be the same as are allowed in bankruptcy proceedings.
Assuming the debtor does not voluntarily release the information for collection to the collector due civil process is required before such action can occur. The general steps are: The collector/creditor will file a civil suit against the debtor, win the suit (which is almost certain to happen); be awarded a judgment then execute the judgment as a levy against the judgment debtor's bank account.
It is possible, but not likely. A minor is not of the legal age of consent, so cannot legally enter into a contract that is the primary means of acquiring debt. There are probably some unusual situations that can occur that could result in a judgment against a minor, such as damage or personal injury claims; however, in most of those cases the parent or the guardian of the minor would be the one sued.
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
Yes, it does. A garnishment can occur only where the creditor has obtained a judgment against you in a court of law. After the judgment is entered, the creditor can garnish your bank account if it knows where you bank. There are some exceptions to this, in that bank account that is jointly owned by husband and wife cannot be garnished, unless the judgment is against both spouses. The second exception is where the funds in the account are traceable to Social Security benefits. For more answers to similar questions on PA laws, please visit my website at www.gregartim.com
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