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What happens when a creditor files a judgment against you?

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βˆ™ 2006-08-17 13:15:51

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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.

2006-08-17 13:15:51
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Q: What happens when a creditor files a judgment against you?
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Related Questions

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.


What is a civil judgment release?

A civil judgment release is an acknowledgment by the holder of the judgment that it has been paid in full and may now be removed from the public records as a lien. In New Jersey, when a judgment debtor pays the money owed to the judgment creditor, the judgment is said to be satisfied. The creditor is obligated to give the debtor a document called a Warrant of Satisfaction, which is the same as a release of the judgment. The debtor then files that Warrant with the office where the judgment was recorded as a lien. That office marks the judgment satisfied so that it no longer is a lien.


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 happens when the ex spouse files bankruptcy after you divorce?

For any joint debts, the creditor will come after the spouse who has not filed bankruptcy.


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 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.


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.


When a landlord files a claim against a tenant for unpaid rent and is awarded damages - does the judgment stay on the tenant's record?

yes


What happens to stocks if the company files for chapter eleven?

Normally, the stockholders will lose their position/ownership of stock to a bondholder or other creditor for their not receiving all that is owed.


If credit card company has a judgment against you can they intercept income tax return?

No, unless the refund is directly deposited into your bank and the credit card company has a judgment and files a lien on your account. Not legal in many states.


Creditor trying to collect from bankruptcy?

Files a "proof of claim" with the court.


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.


What is a bank account levy?

A bank account levy is one method for a judgment creditor to recover monies owed for a debt. The judgment holder files the writ of judgment with the clerk of the court where the judgment was entered against the judgment debtor as bank account levy. I If the judgment is allowed to be executed, the sheriff will serve the writ for levy (garnishment) of the debtor's account on the bank where the account is held. The bank can either honor the writ and release the funds up to the maximum of the judgment or request the court to "freeze" the account and decide whether or not the judgment writ is valid. When an account is joint and only one account holder is the judgment debtor, the bank will usually request the account to be frozen. It then becomes the responsibility of the non debtor account holder to provide documentation to the court proving the amount of funds belonging to them.


What happens when primary borrower files bankruptcy and the bank goes after the co signer?

Depends- if it was a chapter 7, then the bank can sue the co-signer for the full amount. If it iwas a chapter 13, the creditor is prevented from taking any action against the co-signer for any consumer debt.


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.


Can collection agencies take money from a personal bank account?

Yes, if a collection agency files a lawsuit and is awarded a judgment against the debtor. In the majority of U.S. states a judgment can be executed against bank accounts even those held jointly. The exception would be a marital account held in Tenancy By The Entirety (TBE) when only one spouse is the judgment debtor.


After five years can a creditor still take you to court?

What you are asking about is a statute of limitations. If a creditor files suit after the statute of limitations has ended, you can file a motion to dismissed based on the expired statute of limitations. The length of the statute of limitations depends on the state and the type of claim they'd be filing against you.


If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?

No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.


How long after you win a third party lawsuit can you file a Chapter 7 bankruptcy?

Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there


What happens if a bank files a federal lawsuit against you for investment property?

You will need to hire a lawyer and probably go to court.