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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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2006-04-09 05:08:10
2006-04-09 05:08:10

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.


Related Questions

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.

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

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.

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

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.

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.

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).

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...(

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.

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.

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.

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

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

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.

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.

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."

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.

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.

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.

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.

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.

If there is an outstanding balance regarding the original loan amount after the vehicle is sold at public auction the lender can file civil suit against the borrower/debtor. If the lender is awarded a judgment it can be executed as a wage garnisment or other methods of recovery of monies owed as allowed by the laws of the state.

Probably,in most states after due process has been followed by the creditor/plaintiff meaning a lawsuit was won and a judgment awarded; the judgment can be executed as a wage garnishment. Four states do not allow garnishment by creditors they are North Carolina, South Carolina, Texas and Pennsylvania.

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