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What is the worst case scenario if an unsecured creditor wins a judgment against an insolvent individual who has no means of paying it?

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2005-11-18 04:42:24
2005-11-18 04:42:24

You question already describes the worst case scenario. The unsecured creditor hires an attorney, spends money to get a judgment and then can't collect the judgment. It is possible that the debtor may become solvent again. Then again, that person could also file for bankruptcy and the discharge could bar you from ever collecting that debt.

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Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.

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A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.

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No, if the debtor is judgment proof (i.e. there are no assets/income for the creditor to take) then there would be no need to file a BK.

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Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.

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Yes, in most cases such such action is possible by a judgment creditor.

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Yes, if the creditor sues the debtor and wins a judgment, the judgment can be enforced as a bank account levy. Unsecured debt simply indicates that there is no specific property attached to the debt, it does not mean that a creditor cannot use a judgment to seize any non exempted property belonging to the judgment debtor. In some states including Missouri, joint marital bank accounts (unless otherwise stated), are considered to be held as Tenancy By The Entirety. This means that a joint marital TBE account cannot be levied when only one spouse is the named as the judgment debtor.

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Yes, the IRS can circumvent most legal procedures when collecting taxes due. A unsecured creditor must generally file suit, win a judgment, enforce the judgment as wage garnishment or other action and do so in accordance with state law.

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In an abstract judgment the grantor is the judgment creditor. The grantee of the abstract judgment is the judgment debtor.

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It is quite possible,most credit card accounts are unsecured. A creditor can file a lawsuit and if it is won, receive a writ of judgment that can be executed against all nonexempt property that belongs to the debtor. Each state has SOL's that pertain to open accounts such as credit cards. However, the expiration of the SOL does not automatically stop a creditor from seeking collection of a debt. (Macky..macky83@juno.com)

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Means a judge's order you must pay a creditor. A creditor with a judgment can have your wages garnished to repay the debt.

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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.

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No, PA. does not allow wage garnishment when it pertains to creditor action. Even though a credit card is unsecured debt, that does not mean the creditor does not have legal remedies for collection. They can file a lawsuit, if they win they will enforce a judgment in several ways, bank account levy, liquidation of nonexempt property, or liens against real property.

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If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?

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A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.

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There is not such an action as "filing a summons", perhaps what is meant is filed a judgment. Creditors have for the most part lengthy time limits in which to execute a judgment once it has been entered against the debtor. A creditor can simply "hold" the judgment until such time they decide that enforcing it is a viable option. For example a debtor who was previously unemployed begins working, the it might be possible for the judgment to be executed as a wage garnishment.

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A lien cannot be placed against an individual in reality. However, a judgment creditor such as a credit card company can place a lien against real property owned by a judgment debtor. The judgment creditor can take other steps as well to collect the debt, an example would be income garnishment.

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Any creditor who is owed money and for whom the contract has not been honored by the borrower can file for a judgment in Texas and every other state of the US. Whether or not the creditor will receive that judgment is a matter up to the courts, however the judgment typically goes in favor of the creditor.

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If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor. I would consult with a tax attorney.

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Generally the creditor must obtain a judgment by suing the debtor. If successful the creditor must request a judgment lien. The judgment lien can then be recorded.


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