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You are the plaintiff you have been trying to collect on a personal loan through a wage garnishment There is still an outstanding balance of 15000.00 The defendant has just moved to another state?
Wiki User
∙ 12y ago
You now need to "domesticate"(file) that judgment in the other state's judicial circuit where the respondent now resides.
Thank you very much.
Wiki User
∙ 12y ago
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If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
What if you do not receive the summons for debt collections?
In civil suit for debt owed, the plaintiff only needs to demonstrate to the court that they have made a reasonable attempt to serve notice on the defendant debtor. If the debtor cannot be found the lawsuit will still go forward without the participation of the named defendant. However, in most U.S. states the defendant must be duly served according to the laws of the state in which he or she resides with a final judgment notice before a judgment writ can be executed. The service of said writ upon the debtor can be by a designated agent of the plaintiff and/or certified mail and/or courier (UPS, FedEx, etc.). The defendant is given a specific time to respond to the judgment order citing allowable personal and real property exemptions that are exempt from seizure, garnishment, levy, and so forth.
Can you file a personal bankruptcy while in a business law suit?
Assuming you mean litigation and not clothing, yes. If you are the plaintiff, the trustee may take the case over from your attorney and the proceeds if any. If you are the defendant, the case stops unless the plaintiff files and gets relief from stay.
Standing to sue is determined by?
Standing to sue is determined by whether the prospective plaintiff has shown that a personal legal interest has been invaded by the defendant. It is based on whether the person bringing the suit is the one injured or not.
Waiver of jurisdictional defenses?
I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
Can a personal garnishment be placed against a corporation?
No.
Can a monetary judgment be used to put a lien on personal and real property?
Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.
Can a wage garnishment order from a court in California State be enforced in Washington?
Collecting a judgment in another state is possible under the Uniform Enforcement of Foreign Judgments Act, which is available in 46 states. The "full faith and credit" clause of the U. S. Constitution ensures that a state must recognize the validity of a judgment rendered in another state and ensures that this right is available. Once the judgment is registered in this fashion, normal collection procedures such as wage garnishments, bank account levies and liens on real property will apply. For wage garnishment is not judgement, the underlying judgement needs to be registered in the State of Washington. The clerks of the superior courts and district courts may issue writs of garnishment returnable to their respective courts for the benefit of a judgement creditor who has a judgement wholly or partially unsatisfied in the court from which the garnishment is sought. The judgement creditor as the plaintiff shall apply for a writ of garnishment by affidavit, Stating the following facts: (1) The plaintiff has a judgement wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that judgement; (3) the plaintiff has reason to believe, and does believe that the garnishee, Stating the garnishee's name and residence or place of business, is indebted to the defendant in amount exceeding those exempted from garnishment by any Statute or federal law; and (4) whether or not the garnishee is the employer of the judgement debtor. The judgement creditor shall pay to the clerk of the superior court the fee provided by the law ($20 for each garnishee named in an affidavit for garnishment), or to the clerk of the district court the fee of two dollars. A writ of garnishment directed to a bank, savings and loan association, or credit union that maintains branch offices shall identify either a particular branch of the financial institution or the financial institution as the garnishee defendant. The head office of the financial institution shall be considered a separate branch. The Statement may be incorporated in the writ or served separately. Service shall be by certified mail, return receipt requested, directed to or by personal service, in the same manner as a summons in a civil action is served, on the manager, cashier, or assistant cashier of the financial institution, except that, if the financial institution, and not a branch, is named as garnishee defendant, service shall be either on the head office or on the place designated by the financial institution for receipt of service of process. There shall be served with the writ, as part of the service, a Statement in writing signed by the plaintiff or plaintiff's attorney, Stating (a) the defendant's place of residence and business, occupation, trade, or profession, or (b) the defendant's federal tax identification number, or (c) the defendant's account number, if such information is not incorporated in the writ. A writ naming the financial institution as the garnishee defendant shall be effective only to attach deposits of the defendant in the financial institution and compensation payable for personal services due to the defendant from the financial institution. A writ naming a branch as garnishee defendant shall be effective only to attach the deposits, accounts, credits, or other personal property of the defendant (excluding compensation payable for personal services) in the possession or control of the particular branch to which the writ is directed and on which service is made. The writ of garnishment shall set forth in the first paragraph the amount that the garnishee is required to hold, which shall include the amount of the judgment remaining unsatisfied plus interest to the date of garnishment plus taxable costs and attorney's fees and the estimated costs of garnishment. Costs recoverable in garnishment proceedings include filing fee, service and affidavit fees, postage and costs of certified mail, answer fee or fees, and a garnishment attorney fee in the amount of the greater of fifty dollars or ten percent of the amount of the judgment remaining unsatisfied. The garnishment attorney fee shall not exceed two hundred fifty dollars. Service of the writ of garnishment on the garnishee is invalid unless the writ is served together with four answer forms, three stamped envelopes addressed respectively to the clerk of the court issuing the writ, the attorney for the plaintiff, and the defendant, and cash or a check made payable to the garnishee in the amount of ten dollars. If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by answer forms, addressed envelopes, and cash or a check and shall attach the return receipt to the affidavit. From and after the service of a writ, it shall not be lawful for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any sale or transfer of, any personal property or effects belonging to the defendant in the garnishee's possession or under his control at the time of such service. This restriction does not apply to any portion of a debt that is exempt from garnishment or any funds or property in excess of the amount stated in the writ if the garnishee continues to hold an amount equal to the amount stated in the writ. When a writ is issued, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known post office address of the judgment debtor a copy of the writ and a copy of the judgment or, if it is a district court judgment, a copy of the judgment creditor's affidavit, and the notice and claim form. Alternatively, the judgment creditor may serve the Stated documents on the judgment debtor personally. Proof of service shall be filed with the clerk of court. J
How do you collect on a judgment Texas?
File the judgment as a bank account levy or lien against real property or etc. with the clerk of the court in the city or county where the judgment was entered. Texas does not allow a judgment creditor to garnish current wages (see CIVIL PRACTICE AND REMEDIES CODE below) Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages. The only other exceptions for wage garnishment are in the case of child support, back taxes and student loans. If you are self employed or work for commissions etc. different rules apply. Your paycheck can be garnished once it has been deposited in your bank account. Other income or holdings can be garnished if the following applies: Sec. 63.001. GROUNDS. A writ of garnishment is available if: (1) an original attachment has been issued; (2) a plaintiff sues for a debt and makes an affidavit stating that: (A) the debt is just, due, and unpaid; (B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and (C) the garnishment is not sought to injure the defendant or the garnishee; or (3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. A private individual cannot garnish tax refunds of another private individual. Contact the office of the clerk of the circuit court (or court where the judgment was entered) for information on proper filing and execution procedures.
Can a civil summons be delivered out of jurisdiction?
If by "delivered" you mean served, yes. The summons has to be issued by the Clerk of the Court where the case is pending, directing service on the defendant at a specific address. The Plaintiff then forwards the issued summons to the sheriff's service of process unit, or hires a special process server (sometimes called an "elisor") in the Defendant's locale to effect service of process. If successful, a return of service is sent back to the Plaintiff (or his/her/its attorney) documenting service. The original of the return of service is filed with the court where the case is pending, and the Plaintiff or his/her/its attorney retains a copy. The documentation of service of process is critical to demonstrating that the court has acquired the requisite personal jurisdiction over the Defendant.
If you are sued for defaulted credit card debt do you have to go to court?
No, but in all likelihood a default judgment will be entered in favor of the plaintiff and can be enforced against the defendant debtor's real or personal property according to the laws of the debtor's state.
