Winning a judgment is one thing. Collecting on it is another. If they move out of state you have the following options. 1) Go to their state and local court house and get a garnishment on their wages. But you will have to know where they work. And if they quit their job, you'll have to do it again. 2) Go to their state and get a lein put on their auto or house. When they go to sell it, they will have to meet the lein. 3) If you can't do one of the above, a judgment will remain on their credit report for some time no matter what state they move to. It will make it very hard for them to buy a house. 4) Some states will allow you to garnish a state income tax check. But again, that takes a lot of effort. It's going to hard to collect this judgment, it's quite small actually & probably not worth the time to go after it yourself out of state. Hire a collection agency to do it for you on a contigency basis. * Judgments can be transferred to other states but can only be as liens against real property. To garnish wages, levy a bank account or seize other property another lawsuit would need to be filed in the state where the debtor now resides. If the judgment debtor owns property in his or her new state of residence the judgment creditor can file an abstract judgment in the form of a lien against said property if the property is not titled in such a way so as to prevent the action.
It varies by state, but post judgment remedies generally include garnishments, levies, and attachment to property.
Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.
By executing the judgment against real and personal property belonging to the judgment debtor in accordance with the laws of the state where the debtor resides and/or owns property. You file the execution of the writ of judgment with the clerk of the court in the county and state where the judgment was entered and the debtor resides In some situtations a 'foreign judgment' can be executed against real property owned by the debtor that is located in a different state then the debtor's residential state.
For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.
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.
Yes, but the judgment may not be discharged in BK without compensation.
can someone please answer this question
Each state has different laws on what assets can be protected from judgment creditors.
I sense that someone has filed a bogus claim against you and that either one of two things happened afterward. (1) A default was entered against you or (2) After trial the judge or jury ruled against you. Either way there is a judgment against you that you believe to be false. There is a matter of collection as a result. Be the judgment good or bad, simply sitting by and doing nothing may result in your wages being garnished, your assets and bank acounts attached or any inhereitence attached, perhaps other things depending on your state. You need to seek legal counsel about whether the judgment against you is legally void and if so, how get relief from it, if such relief is available in your state.
Even if you have no insurance or money, someone can still sue you for damages. However, depending on the collection laws of your state, you may be "judgment proof," unable to pay any judgment rendered against you. A lawsuit may result in a judgment against you, which in essence is just a piece of paper that says you owe the plaintiff x dollars. But collecting on the judgment is a completely different animal. Frankly, I would never sue anyone with no insurance or money b/c it is not worth the time and money just to get a piece of paper that is uncollectible. Hopefully, the plaintiff trying to sue you will realize that. Good luck.
It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.
Yes. The judgment creditor can also file an Abstract of Judgment against property owned by the debtor in another state if the action is warranted.
It means the creditor has won a lawsuit, been awarded a writ of judgment and can execute the judgment against non-exempt assets and property as defined by state law that belongs to the judgment debtor. The preferred method of executing a judgment is by wage garnishment, followed by bank account levy, the seizure and liquidation of non-exempt property and liens against real property. The state exemptions allowed for personal and real property when properly used can give the defendant/debtor considerable protection against the enforcement of a creditor judgment.
You can file a small claims case against anyone, anywhere. Out of state Defendants are normally served Summonses by the deputy sheriff or constable in their home state. If they fail to appear in the court designated on the Summons, a default judgment can be entered against him. The difficulty in this type of situation is that the service of the Summons will cost more and a judgment is more difficult to collect on. If a judgment is won by the Plaintiff in a situation like this, he has to have the judgment "domesticated" in the Deft.'s state, then proceed on collecting on the Judgment according to that state's laws.
A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(firstname.lastname@example.org)
only if its a federal judgment or a judgment in the state in which you want the reverse mortgage. if its a judgment out of state and has not been domesticated in your state then the answer is no. if the out of state judgment cannot be domesticated in your state because of statute of limitations or repose, then you should be okay.
If a judgment has been recorded against someone, that person must pay the person holding the judgment the full amount of the judgment plus interest unless some lesser amount is agreed upon. When te payment clears, the judgment holder gives a document called a Warrant of Satisfaction (or some similar term), which the debtor sends to the state office where the judgment is recorded. That office will file the Warrant and the judgment will be released. It is never "dismissed". It is just paid and satisfied.
You must sue the business and win a judgment.You must sue the business and win a judgment.You must sue the business and win a judgment.You must sue the business and win a judgment.
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.
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 state-to-state. A consumer who believes they may be sued for a debt should familiarize themselves with their rights under state and federal law as to what property can be protected from a judgment creditor.
If you can't pay the judgment, it will continue to accrue interest at a rate that is generally established by the state legislature each year. State law will provide that the judgment is enforceable for a fixed number of years, the number being established by the statutes of the state in which the judgment is entered. There will also usually be a process by which the judgment creditor can renew the judgment's life for one or more successive periods.
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 affect taxes.
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
A judgment creditor cannot seize a refund, that action is only available to the IRS, state tax agencies or state child support enforcement agency. The judgment creditor would need to levy the debtor's bank account, garnish income or enforce the judgment by other means allowed by the laws of the debtor's state.