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If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.

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โˆ™ 2006-04-09 05:08:10
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Q: When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
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Related questions

When a credit card company is awarded a judgment can you include this judgment on a Bankruptcy in CA?

The short answer to this question is YES.

Can your wages be garnished in the State of Colorado for unpaid medical bills?

Yes, if the creditor (person/business/agency) that the debt is owed to is awarded a judgment from a civil suit against the debtor the judgment can be executed as a garnishment of wages.

Would our judgment awarded by courts prior to defendants chapter 13 bankruptcy take precedent to the assets before the assets are taken in the bankruptcy?


Can wages be garnished for medical bills in Ohio?

Yes wage garnishments are allowed in OH, providing there is a court awarded judgment.

Can you declare bankruptcy on a judgment for a car accident and if so would you be able to get a license again if it was revoked as a result of the judgment?

No, judgments awarded due to personal injury or property damage are not dischargeable under bankruptcy law.

Can a person in who files bankruptcy get out of paying a court awarded judgment in Arizona?

Yes. Not if the judgment was for a case involving fraud. And the state doesn't make any difference, unless there is a state bankruptcy procedure that you are using.

Can the debtor file for bankruptcy after a creditor is awarded a default judgment because the debtor did not make a court appearance?

Yes, most judgments can be discharged in a chapter 7 bankruptcy.

Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?

There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.

If you have a judgment against you what does this mean and what can the company that has the judgment against you do to you?

A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(

If you move to Massachusetts can your wages still be garnished for a repossession in Oklahoma?

Yes, but the creditor would have to sue in the debtor's state court in the county where the debtor resides and if awarded a judgment execute the writ under the laws of Massachusetts not Oklahoma. If the judgment creditor already holds a writ of judgment in Oklahoma they can file it as an abstract judgment against the debtor's real property without the necessity of court procedure.

If your wages were garnished and your employer is holding the money in an account how do you get the money released to you after bankruptcy has been awarded?

The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.

Can a garnishment be done without a judge?

For a persons wages or bank account to be garnished the garnisher must have been awarded a judgment in connection with a lawsuit against the debtor. The exceptions are a garnishment for court ordered child support or spousal maintenance (alimony).

If you file a bankruptcy petition does that change the status of a debt on a judgment to the creditor?

A judgment is final and does not change. The creditor was awarded and filing bankruptcy is a different issue. Also state laws vary. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised.

What if I don't have any assets and I have a judgment against me?

The judgment continues to sit on your credit report. In some cases, the person or company that was awarded the judgment on you can file paperwork to have your wages garnished and/or have any property that you have in the future held (titles) so you cannot sell them until the debt is repaid. That is uncommon though. In most cases, the judgment just sits on your credit, continuing to make it worse. You should pay your debt.

In New York City can a Debt Collection Company garnish your wages?

Yes, after a creditor is awarded a judgment said judgment can be executed as a wage garnishment against the judgment debtor.

Can your wages be garnished in Virginia for a defaulted car loan made in North Carolina?

Yes. The lender can file a lawsuit in the debtor's state and if awarded a judgment can execute it as a wage garnishment.

If you are sued for a credit card that was charged off in 2000 can they garnish your wages in Florida?

Yes. If you are sued and judgment awarded against, your wages can be garnished. Well, sort of... Florida is what is known as a "debtor friendly" state. Assets that can be attached by creditors are limited.For example, wage garnishment for the head of household.. the first $500 is exempt. Anything above the $500 can be garnished only with the written consent of the debtor. As you can see this makes it pretty difficult for the creditor. Marital bank accounts cannot be garnished. Under Florida law they are protected by the Tenancy By the Entirety Statute. Other bank accounts can be garnished, but with strict limitations. To find out all the property exempt from creditors, search "Florida Bankruptcy Exemptions."

How many times can a collection agency freeze your bank account?

Actually, the only way for them to do that is if they have been awarded a judgment against you, if they don't have one than they shouldn't be freezing anything. If they do have a judgment on you and have file a writ to attach you accounts than it is only for the amount they were awarded in the judgment.

What can the credit card companies do if you refuse to pay a debt in Texas?

The creditor can file suit against the debtor and if the creditor is successful and is awarded a judgment the judgment can be executed against all non exempt real and personal property belonging to the judgment debtor.

Can you file bankruptcy once a judgment has been filed?

Yes. Some judgments can be discharged in bankruptcy. Judgments that have been perfected into property liens cannot as the judgment holder becomes a secured property creditor. Judgments awarded in conjunction with personal injury or property damage caused by negligence are generally not dischargeable.

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.

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?


If you are awarded a judgment for a conversion action can that person get out of paying the court judgment in Pennsylvania through the use of bankruptcy?

Yes, in any state. You may, if the statute of limitations has not run (out), file a criminal complaint and ask for a restitution order. That would not be dischargeable.

If you have a default due to someone sueing you how does that affect you?

A 'default judgment' is awarded to the plaintiff when the defendant does not appear in court to defend themselves against the claim. If the judgment was awarded to them in your absence, then you are required to obey the courts finding. Depending on what the claim was for, and in what amount, they may be able to seize, or place a lien against, property of yours equal in value to the claim they won.

Can a credit card issuer place a lien on your property in Pennsylvania?

Yes, if the creditor sues the debtor and is awarded a judgment the judgment can be used to place a lien against real property belonging to the debtor.