Unless the judgment can be proved to be faulty the debtor has little choice but to try to protect as much personal and real property as is possible. All states have a set of exemptions which protects specific property from attachment or seizure for the repayment of debt(s). The preferred methods of executing a judgment are wage garnishment and bank account levy. However, judgments can also be used to place liens against real property or to initiate a forced sale of any non-exempt property belonging to the debtor. It would be in the best interest of the debtor to obtain legal advice, most attorneys offer free or minimal fee consultations. If the person is not certain what type of legal counsel is needed they should contact the state bar association or legal aid service in the area where they live.
A collection agency cannot call your employer to garish your wages. In order for your wages to be garnished, you must be sued by the collection agency. And the agency must win a judgment against you.
If you have a judgment from a collection agency and it is valid, you have to pay it to have it reversed. If it is not valid you can try to appeal it.
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
If a judgment is in place the judgment holder can execute it under the provisions of the law of the debtor's state. It would not be necessary for the creditor to transfer the debt to a collection agency. That being said, a judgment is not transferrable, so if the original judgment holder did not record the judgment and take action they could not simply "pass it on" to another collector unless that collection agency was acting in their behalf and was part of the original suit.
The collection agency can freeze your account, and garnish enough to satisfy the FULL amount of judgment, including court costs, attorneys fees AND interest accrued, which averages about 10%. So because the judgment verdict also has attached to it various fees, and accrues interest, the collection agency has the right to garnish the FULL CURRENT VALUE of the judgment. Your court of origin should be able to provide a full accounting of the current value of your judgment.
you "satisfy" a judgment by paying balance in full or settlement. but understand that once a judgment has been issued by a court then there can be no one else that does this.
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
If you are sued, then yes. First, the collection agency must try to collect from you. Then they can sue you if you don't pay. If they win, the judge can issue a judgment against you. And that is how they can freeze your bank account.
Yes, a collection agency can freeze your bank account, but only under certain circumstances. A freeze can only occur after the collector obtains a judgment. They would have to go to court to get the judgment against you.
If they obtain a judgment against you, some state's houses are protected
Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.
== == Yes they can. Happens all the time.