Yes, a judgment creditor can attach real property held under a corporation, but the process typically involves specific legal procedures. The creditor must obtain a judgment against the corporation and may need to execute a lien or levy on the property. However, the ability to collect on the judgment may depend on the corporation’s assets and any applicable protections, such as limited liability. It's advisable for creditors to consult legal experts to navigate the complexities of corporate and property law.
State laws vary but generally, a creditor can sue the debtor in court for any deficiency after the repossession and if successful can obtain a judgment. The creditor can then request a judgment lien from the court and once recorded in the land records the lien will attach to the debtor's real estate.
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.
In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.
Sure, if a creditor wins a judgment they can attach any of your physical assets whether it's real property or personal.
Yes, you can quitclaim your property even if you have a judgment against you. However, it's important to note that while the quitclaim deed transfers your ownership interest in the property to another party, it does not eliminate the judgment itself. The judgment may still attach to the property, meaning the creditor could pursue the property to satisfy the debt. It's advisable to consult with a legal professional to understand the implications fully.
The attorney gives you some time to pay, then gets a judgment and uses the other legal options(garnishee wages, attach property, bank accounts).
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.
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.
Yes. Your ownership status is just the same as if you had bought the property. Any legal judgment against you can attach to the property.
They wouldn't attach a debit card, they would attach the bank account. If there is a debit card the account is connected to, I suppose you could say they've attached it.
Yes, the issue of the person being unable to work is not relevant. All U.S. States have a set of exemptions that the debtor can use to protect a specified amount of personal and real property from creditor attachment, and in some instances,federal non bankruptcy exemptions can sometimes be used
yes, because the majority of judgments and liens attach to the person, not necessarily the land; however the liens do attach to any land owned by the person ==Clarification== Not all jurisdictions recognize priority of recorded judgment liens as to after-acquired property. In Massachusetts recorded federal and state tax liens affect after-acquired property, judgment liens do not.