0
You won a judgment for 5000 in Arkansas small claims court the defendant is self employed and you don't know which bank he uses to garnish his account how can you find out where his bank is?
Wiki User
∙ 16y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What about the chances of a bank judgment?
A bank as do most financial institutions can sue for debt, receive a writ of judgment and have the judgment enforced against the debtor/defendant's nonexempt property. Often in the form of a wage garnishment or bank account levy, usually the creditor's preferred choice. If the defendant has an account at the bank where the loan was procured, the loan contract might have a set off clause. In which case the bank would not need a court order to remove the necessary funds from the person's account(s) for repayment of the debt.
If you are delinquent in repaying your credit card debt can your bank account be 'frozen' if the account is with a different bank than the one in which you hold an account?
Even though I do believe your privacy policy has been invaded, I do believe the bank can freeze your account. Answer Yes, if the creditor obtains a judgment by means of a civil suit against the debtor the judgment can be executed as a bank account levy, this means the judgment creditor can remove all non exempt funds from the account until the judgment is paid. Where the account is joint and only one of the account holders is being sued and/or the creditor plaintiff believes the defendant debtor may try to withdraw all the funds the plaintiff can request the court to 'freeze' the account until the suit is settled.
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...(macky83@juno.com)
How do you know if a levy was placed on your bank account?
The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.
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.
Can you stop a creditor from freezing funds in a joint checking account that includes the paychecks of your spouse who is not involved in the debt?
Yes. Creditors cannot seize bank accounts except by due legal process. Which entails filing a lawsuit, winning a judgment, executing the judgment against the debtor's nonexempt property. The defendant is given an opportunity to claim exempted property before the judgment is rendered. A summons should never be ignored. Not appearing to defend a suit results in automatic default for the defendant.
In Florida can your bank account or wages be garnished due to a credit card judgment?
Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes �222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption. Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions. Forida law does allow for bank account levies.
What is a bank account levy?
A bank account levy is one method for a judgment creditor to recover monies owed for a debt. The judgment holder files the writ of judgment with the clerk of the court where the judgment was entered against the judgment debtor as bank account levy. I If the judgment is allowed to be executed, the sheriff will serve the writ for levy (garnishment) of the debtor's account on the bank where the account is held. The bank can either honor the writ and release the funds up to the maximum of the judgment or request the court to "freeze" the account and decide whether or not the judgment writ is valid. When an account is joint and only one account holder is the judgment debtor, the bank will usually request the account to be frozen. It then becomes the responsibility of the non debtor account holder to provide documentation to the court proving the amount of funds belonging to them.
Is it lawful for someone to freeze your account when they can reach out to the person and get the check directly?
It's legal if they have received a writ of judgment and the state laws allow said writ to be executed as a bank account levy. In some cases the judge will freeze an account before the trial, if it is suspected the defendant may try to move the funds.
What if you're legally separated and someone has a judgment against the other person?
It depends on what type of judgment is in place. If the person is the sole debtor but there is still jointly owned property, the plaintiff can place a lien against the defendant's share. Or use the judgment as a wage garnishment or bank account levy. In some states joint accounts can be levied against. If that happens, the funds are frozen and the non-debtor must submit proof to the court what portion of the account belongs to them. If the debt was not joint the judgment will be only be entered on the PR of the plaintiff's credit report.
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
Can a credit card issuer access a personal checking account to pay an account that has been written off?
If there is a valid judgment against the account holder, the judgment creditor can levy the bank account to recover the monies owed according to the terms of the judgment and the laws of the state in which the account is held.
