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Can multiple judgment collection methods be used at the same time?
Wiki User
∙ 12y ago
Like anything there may be an exception, but more than likely yes...absolutely!
The party owed the debt is allowed to use any and all legal means to collect it, until the entire amount that is due them is received. Once there is no debt all actions must cease.
There is no requirement that only one method be used and in fact, if the debt allows it (most do), the amounts expended for each of the methods may increase the debt to be collected by each of the collection methods.
Conversely - someone under a judgment has no "right" to avoid paying it, using either one or any number of methods of avoidance, including ignoring legal demands. The obligation is to pay your debts, actually before they become judgments. Obviously the laws would rightfully generally be on the side of one owed an amount.
No. A judgment creditor can only execute the writ in one form, such as a wage garnishment or bank account levy. A single judgment cannot be used in multiple ways to collect the debt. This is one reason wage garnishment is the preferred method of creditors as the garnishment will stay in effect until the debt is paid.
If multiple creditors have obtained judgments against the debtor the judgments will be enforced according to their priority. Multiple judgments cannot be executed against a debtor at the same time. For example if several judgment holders place liens against a debtor's property the first lien holder gets paid first, and then the second and so on. The same holds true for wage garnishments or the levying of bank accounts.
Additionally the debtor has the legal right to protect exempted personal and real property from creditor attachment to the extent allowed by state and Federal Laws.
Wiki User
∙ 12y ago
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If your wages are being garnished can they put a lien on your home?
Judgment collection laws vary by state, but the law laws in most states give the creditor broad discretion on how to enforce the judgment. In California for example, there is no law against putting a lien on the debtor's home before, during or after the wage garnishment. * In the majority of cases a single judgment cannot run concurrently nor can the single same judgment be executed as multiple methods of "cure". The exception is child support and/or federal or some state tax arrearages.
Is amending a judgment the same as refiling when it comes to starting the clock over again for collection of the judgment?
What clock on collection? (The time it is reported for on your credit report has nothing to do with how long the debt is actually owed).
Is a charge off or judgment worse on a credit report?
They are or will be the same. All institutions who do a charge off sell the paper to a collection company so they are or will be the same.
Can judgments be disputed or is there a time limit?
There is no time limit regarding the dispute of information on your credit file. The Fair Debt Collection Practices Act provides a time limit for disputing a collection account, with exceptions and limitations. You can dispute a judgment by the same means as any other item on your credit report. You should be aware that legal entries in the public record portion of your credit report have different methods of getting on your credit and different standards of verification.
Are arrest of judgment and pronouncement of judgment the same court proceedings?
No.
If wage garnishment is in place by the IRS can another creditor with a judgment levy my bank account?
Yes, the debtor's bank account could still be subjected to levy by a judgment creditor. Garnishments and levies must run consecutively, meaning that there cannot be multiple creditors enforcing judgments at the same time in the same manner.
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How many garnishments can be given to one person?
An individual can have multiple garnishments for debts. However, only one garnishment for debt can be active at a time. Multiple creditors cannot garnish a persons wages at the same time, the first garnishment judgment to be granted takes precedence any/all others follow in a like manner or order. Please note, garnishments for child support, spousal maintenance, tax arrearages in most cases can be active at the same time a judgment creditor garnishment is imposed.
