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.
The short answer to this question is YES.
Yes wage garnishments are allowed in OH, providing there is a court awarded judgment.
No.
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.
Yes, most judgments can be discharged in a chapter 7 bankruptcy.
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).
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.
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.
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.
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.
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...(macky83@juno.com)