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The judgment can be executed according to the laws of the debtor's state. The preferred method is wage garnishment or bank account levy. In most cases it is also possible for a judgment creditor to execute the judgment to seize and sell non exempt property belonging to the debtor(s) or place a lien against real property. In very rare instances the judgment creditor can petition the court for a forced sale of a primary residence. That being the case, a homeowner should be aware of the status of the homestead exemption for their state of residency.
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∙ 17y ago
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When does a credit card company start garnishing your wages?
After the creditor wins a lawsuit and has been awarded a judgment against the debtor and then files the judgment as a wage garnishment action.
Can an uncollected judgment by a creditor be written off when the debtor files Chapter 7?
Yes.
Can a court act as a collection agency for a third party?
Courts do not collect debt owed when it pertains to a civil judgment. In civil cases the judge orders a judgment to be entered against the debtor, the judgment creditor uses the judgment in whatever manner is allowed by law to collect the debt. Example, the creditor receives a judgment in a civil suit, then files the judgment as a wage garnishment against the debtor, the judge signs the garnishment order and the sheriff or other officer of the court serves the garnishment order on the employer of the debtor.
Who files the release of judgment?
Normally, when a judgment is paid in full, the judgment creditor gives the debtor the release of judgement (sometimes called a warrant of satisfaction). It is then up to the debtor to file or record it because he/she wants to make sure the lien is removed.
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.
What do you do when a creditor in bankruptcy files an adversary proceeding?
An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.
Can your home be taken in an unpaid auto loan lawsuit?
In theory it is possible in the majority of US states for a judgment creditor to excute a judgment as a forced sale of property owned solely by the judgment debtor. There are so many factors involved (time, expense, etc.) creditors rarely use a judgment as a forced sale. The judgment creditor usually files a lien against the property owned by the debtor. Liens are extremely damaging as they prevent the debtor from selling, refinancing or transferring title until the judgment lien is paid. A lien also continues to accrue interest making even a small debt into a large one. Many liens are valid for 20 or more years and the majority of liens are renewable.
What happens if the district attorney files a criminal charges against you?
You go to trail
Is being the petitioner good or bad when filing for divorce?
Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.
What does it mean when a creditor files a motion to release?
The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.
How long does it take before the collection company files a lawsuit against you?
There's no definite answer that can be given to the question, as the decision is made depending upon several factors, the main one being if a lawsuit judgment could be enforced. However, the average length of time for a creditor suit to reach court from the time of filing to the hearing is 15-months.
If a landlord files suit against you and you contest it will the suit be reported to the credit bureaus or will it be reported as a judgment?
A judgment is granted to the victor in a court case and would only be reported against the defendant after it is granted. So the suit itself is never reported until a conclusion is declared by the court.
