0
If a creditor has obtained a debt collection judgment against a debtor, the creditor may implement any of the following to be able to collect on the debt owed:
1) Garnish wages
2) Levy bank accounts
3) Seize property or put a lien on the debtor's property
4) Assign a trustee on the debtor's business
5) Revoke driver's license
5) Local law enforcement (sheriff) can legally empty the till of the cash register
Once a creditor obtains judgment, the debtor either has little or no options.
Legal Disclaimer:
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
Can a private debt collection agency garnish your wages for a non-federal debt like credit card debt?
There must have been a judgment obtained and then they can act on the judgment and attach wages.
Is amending a judgment the same as refiling when it comes to starting the clock over again for collection of the judgment?
What clock on collection? (The time it is reported for on your credit report has nothing to do with how long the debt is actually owed).
Can collection judgment freeze your bank account?
Yes, a collection judgment can freeze a bank account. A court order is required. If a bank account is frozen, it cannot be used until the debt is paid.
If a civil court judgment is sold to a collection agency then is it considered unsecured debt?
No, it is still valid and the holder of the judgment writ can enforce it in the manner allowed by the laws of the judgment debtor's state.
Can a collection agency file a judgment on you for credit card debt in Texas?
Yes, a collection agency can file a judgment against you for credit card debt in Texas if you fail to repay the debt. This could result in wage garnishment or liens on your property. It's important to address the debt or negotiate a repayment plan to avoid legal action.
Can debt collection agencies sue in North Carolina?
This is a misnomer. When an account is sent to debt collections, the collection agency does not typically own it. They are simply acting on the part of the lender or creditor. When judgment is sought on a bad debt, it is the lender who is suing. They are perhaps doing so through the collection agency and the lawyer they have under contract, but it is not the collection agency who is suing.
If a judgment has been made against a debtor and the debt is turned over to a collection agency is the agency able to garnish wages without taking the debtor to court?
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.
Can a collection agency have you arrested and sue you for the debt if you are unemployed and on Social Security Disability?
You cannot be arrested for failing to pay a debt. The collection could sue you, but the judgment would be nearly impossible to enforce. Your disability benefits cannot be taken or garnished to enforce the judgment. The most they could do is put the judgment on your credit rating, put a lien on your property and perhaps have some of your nonexempt property taken and sold to pay toward the judgment.
Can a creditor or debt collection agency access your business bank accounts for debt collection?
With a judgment and execution, the sheriff can. Without it no. But the collection agency can never legally access it. However, there are ways to do it illegally. Can the creditor do it... ? If you have a citizens acct and a debt with them, then yes, they can legally access whatever accounts you have with them. But a creditor can't just get access to you bank accounts. (I own a collection agency)
Does a debt collection agency have to go to court to collect?
Not necessarily. A debt collection agency can attempt to collect a debt through various means such as phone calls, letters, and negotiation. However, if the debtor disputes the debt or refuses to pay, the agency may choose to take legal action and go to court to enforce the debt.
Can you be sued by a collection agency for fees if you settled the debt with the original creditor?
Yes. If a debt is defaulted on, there are several penalties that can be assesed by the collector. They can sue andmaybe received a judgment. Collecting on any judgment, however, is a different matter. Proof of payment to the original creditor would provide an affirmative defense to a lawsuit from a collection agency.
What happens if you are summoned to court for a collection debt and you are on disability if you don't show up?
If you don't show up to court for a collection debt case, the court could issue a default judgment against you, meaning the creditor automatically wins the case. This could lead to wage garnishment or bank account seizure to satisfy the debt. It is important to attend court or seek legal advice to understand your options.
