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A debtor state is a state that will not garnish wages or place leans on homes in the case of unpaid debts/bills ! There is not such a thing as a "debtor state" there are states that are considered "debtor friendly" rather than "creditor friendly" meaning that the states have existing laws that favor the debtor rather than the creditor when it relates to bankruptcy and lawsuits for monies owed. This does not necessarily mean that wages cannot be garnished, assets cannot be seized nor liens placed against real property, it simply means the debtor can sometimes avoid such action or can protect a large portion of his or her real and personal property.
What else can I help you with?
Who is a debtor?
A debtor is someone who owes money to you.
Can an inheritance be taken by the courts or creditors if the will has not been executed and most likely will not be until after filing for Chapter 7?
Some received before the discharge are collectable by the trustee. Whether an inheritance can be included depends on the the type of BK (Federal or State) and the laws that are applicable. If however, the BK has been discharged, no monies are subject to seizure by the truste/court. I'm a little confused by the answer above. There is no such thing as "State bankruptcy," though there are state receiverships which are similar but rare. The only bankruptcy that exists in the U.S. is federal bankruptcy, which is codified in Title 11 of the U.S. Code (though State law does affect the federal bankruptcy laws in each State to a certain extent). It is also not true that once the bankruptcy has been discharged the court can't come after inheritance proceeds. If the inheritance occurs within 180 days after the discharge, the court can still come after the money (see 11 U.S.C. 541 (a)(5)). If the inheritance occurs before or during the case, the debtor has an obligation to notify the court by listing the inheritance on their Schedule B, and the court can then go after the money assuming the State in which the bankruptcy is pending does not allow the debtor to exempt that type of property. Also, actual receipt of the inheritance funds is not necessary, a debtor has to list the inheritance if the debtor knows it is coming even if the debtor hasn't actually received it yet. In some states, one can "disclaim" an inheritance, which means the person can say they don't want it, and the inheritance is protected from the bankruptcy court, but this is complicated and rule-specific and one definitely needs to consult with their attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
What type of colony was Georgia when it was first settled?
Georgia was a debtor's colony.
Which U.S. colony banned slavery?
Georgia initially banned slavery because it was a debtor's colony.
What can you conclude about the relationship between roman patricians and plebeians before 490 bc?
Before 490 BC the patrician aristocracy monopolised political power and exploited and abused the plebeians (the commoners. In 495 BC, this situation lead to plebeian disaffection and there was the beginning of a 200-year conflict between patricians and plebeians (the Conflict of the Orders). The patricians owned large landed estates. They secured the labour of small farmers who were struggling to make ends meet through debt bondage. This was an arrangement whereby the debtor pledged his person as collateral should he default on his loan. The debtor then had to work for the creditor. This often led to the abuse of defaulting debtors, who were often imprisoned and tortured and sometimes sold as slaves. In 495 BC the plebeians held protests against the abuse of defaulting debtor and demanded that the Roman state address this issue. Since the state refused to act, the plebeians seceded en masse. They left Rome and went to a nearby hill and said that they would stay there if their demand were not met. When a compromise was reached, they returned to Rome, but politically the secession continued. The plebeians formed a state within the state. They turned the Aventine Hill into their jurisdiction and made their decisions there independently from the Roman state through their assembly, the Plebeian Council. They were very dissatisfied with the Roman state and lost all faith in it.
If the creditor resides in Alabama and the debtor resides in Georgia where should wage garnishment paperwork be filed?
The creditor will need to sue the debtor in his or her state court to obtain a writ of judgment that can then be executed as a wage garnishment against the debtor in the debtor's state, (in this case, Georgia). Even in cases where the lender chooses and wins arbitration, a civil judgment must be obtained from the state court in the county where the debtor resides and must be executed in the manner allowed under the laws of the debtor/s state.
If you want to start a wage garnishment and already have a Writ of Judgment do you need to follow the laws in the creditor's state or the debtor's state?
You can only conduct a wage garnishment in the state where the judgment was entered. If the debtor lives in another state, you will need to register the judgment where the debtor lives and use the laws of that state to start the wage garnishment.
If you owe more than two payday loans in Colorado but you leave the state what kind of legal action can be taken against you in Texas?
The debtor can still be sued by the lender. A lawsuit would need to be implemented by an attorney licensed to practice in the debtor's current state of residence and usually in the state court in the county where the debtor resides.
Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?
If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Can a collection agency garnish wages from a different state?
Yes, if they have a valid garnishment writ from the court in the debtor's resident state.
How can you put a lien on a creditor's vehicle to pay the judgment they owe you?
The creditor is the person who has loaned the money not the person who owes the money. The debtor owes the money and a lien is placed against that person's property by the lender obtaining a judgment through the proper legal procedure that are required in the state in which the debtor resides. Usually the creditor will need to sue the debtor in small claims or other state court in the county in which the debtor lives. Mechanic Liens can be recorded with the clerk of deeds or land record office by presenting the proper documents and following the methods required by the laws of the debtor's state.
How do you collect on a judgment when defendant lives out of state?
File a "foreign judgment" against the real property owned by the judgment debtor. This is done by contacting the tax assessor/land office in the county where the debtor resides. If the debtor does not have real property that can be encumbered by a lien, the judgment holder will need to secure a domestic judgment (requires another suit) from the state court in the county where the debtor resides to seize personal property or garnish wages for the repayment of the debt.
What can you own when you go bankrupt?
If filing a federal bankruptcy, federal BK exemptions apply. If filing a state bankruptcy, the state's exemptions apply. A few states allow the debtor to choose either state or federal filing whichever is the most beneficial to the debtor. Bankruptcy Action, http://www.bankruptcyaction.com
In Arkansas how long can a debtor continue to collect on an old debt?
There are no time limits for how long debt collection can be pursued. Every US state does have a statute of limitations that designates the length of time a creditor has to file a lawsuit against the debtor. The SOL will differ depending upon the state in which the debtor lives or the debt was made and the type of debt.
Is a lien by a creditor placed on the debtor or the debtor's attorney?
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
What happens when the statute of limitations on a debt expires while the creditor is in the process of obtaining a judgment?
If the lawsuit was filed before the expiration of the state's SOL then the suit is valid and a judgment award would be valid and could be executed against the debtor according to the laws of the debtor's state.
1786 Massachusetts debtor farmers rebelled against the state government and were defeated in battle?
Shay's Rebellion
