Yes, if the debtor's state vehicle exemption does not protect the vehicle from seizure and sale.
Usually you can work out a payment plan with a judgment creditor. If you do not have the money now, a payment plan (and settlement agreement) is a cheaper and better alternative to the other collection techniques in the Creditor's arsenal.
In Illinois, each child support payment is a civil judgment.
Generally when a defendant does not appear in a creditor civil suit, the court will award the plantiff a default judgment against the debtor. The judgment creditor can then execute the writ in the manner allowed by the laws of the judgment debtor's state. If a vehicle is not protected under the exemption amount allowed a judgment creditor can place a lien on the vehicle and request a forced sale. However, this is rarely done, as it is time consuming, complicated and seldom results in the judgment creditor recovering all monies owed. Please be advised, a judgment creditor has several options for enforcing the judgment, the preferred method is wage garnishment or bank account levy, followed by the seizure and sale of other non exempt property owned solely by the judgment debtor.
In the state of Wisconsin, any arrears of child support $500 or over can result in them putting a Lien on your vehicle or other properties.
Return to the court that ordered the judgment and present evidence that you have satisfied the debt. ALSO, while you're there, if you have satisfied the requirements of the judgment, ask the judge to find the creditor in Contempt of Court for failing to release you.
A civil suit judgment is against the person who is named in the lawsuit. Unless there are extenuating circumstances, the wife would not be liable for the payment.
If the creditor sues the debtor in civil court and is awarded a judgment the judgment can be executed as a wage garnishment.
Yes, a civil judgment can be transferred to another party through a process known as "assignment of judgment." This occurs when the original judgment creditor sells or assigns their rights to collect the judgment to another individual or entity. The new party, known as the assignee, then has the legal right to enforce the judgment as if they were the original creditor. However, proper legal procedures must be followed to ensure the transfer is valid and enforceable.
Courts do not collect debt owed when it pertains to a civil judgment. In civil cases the judge orders a judgment to be entered against the debtor, the judgment creditor uses the judgment in whatever manner is allowed by law to collect the debt. Example, the creditor receives a judgment in a civil suit, then files the judgment as a wage garnishment against the debtor, the judge signs the garnishment order and the sheriff or other officer of the court serves the garnishment order on the employer of the debtor.
If someone has a civil judgment against you, it is possible that your assets may be ats risk. However, the laws of most states also protect a portion of your assets. The types an amounts of property that you can protect from a judgment creditor will vary be state. However, it is usually not very cost effective for a judgment creditor to go after the debtor's car. Having a civil judgment on your credit history will make it more difficult for you to get a car loan. It will be difficult, but not impossible.
If the judgment is open, you must pay before escrow closes on the mortgage. If the judgment cannot be satisfied, you must show an agreement with the creditor and at least six months of consistent payments.
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.