I am unable to pay my utilities and credit cards and was wondering when the creditors place a judgement on me if my retirement money can be taken, it would mean then not being able to pay mortgage
Yes, in most cases such such action is possible by a judgment creditor.
Not for the same debt, but a wage garnishment can be implemented by one judgment creditor and a bank account levy by an additional judgment creditor.
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor. I would consult with a tax attorney.
Most states allow a judgment creditor to conduct a bank account levy to help collect a judgment. The exact procedures vary by state and they have to be able to find your account somehow.
Yes, in most cases such such action is possible by a judgment creditor.
Make your payment to the clerk of courts office in the county your judgment was entered in.
Not for the same debt, but a wage garnishment can be implemented by one judgment creditor and a bank account levy by an additional judgment creditor.
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
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.
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc). Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor. Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
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.
In Michigan, a creditor can levy your bank account after obtaining a judgment against you. Once the judgment is in place, the creditor may initiate the levy process, which can occur once per judgment. However, if a creditor obtains multiple judgments against you, they may levy your account separately for each judgment, but they must follow legal procedures and provide proper notice. It's important to note that certain funds, like Social Security benefits, may be exempt from levies.
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
No..IRA or just about any qualified retirement account are free from judgments.
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
A creditor can only levy your bank account by getting a judgment against you. To do that, they must sue you. And they must win in court. If you are sued by a creditor, be sure to show up for court to prevent this from happening.