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If you move to Massachusetts can your wages still be garnished for a repossession in Oklahoma?
Yes, but the creditor would have to sue in the debtor's state court in the county where the debtor resides and if awarded a judgment execute the writ under the laws of Massachusetts not Oklahoma. If the judgment creditor already holds a writ of judgment in Oklahoma they can file it as an abstract judgment against the debtor's real property without the necessity of court procedure.
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.
Do you have to file a judgment before the Writ of Execution?
Yes, you typically need to file a judgment before obtaining a Writ of Execution. The Writ of Execution is a court order that allows a creditor to enforce a judgment by seizing the debtor's property or assets. Therefore, a valid judgment must first be established through the court process, which then provides the basis for issuing the writ.
Can a credit card company put a lien on your property in Georgia?
The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.
Is there a way to get out of a writ of execution?
Other than paying the debt, the only method for having a judgment quashed is to prove that it is invalid due to the content or the method in which the named person(s) was notified. Unlike the lawsuit summons itself, a debtor must receive and acknowledge the receipt of a final judgment notice before the judgment can be enforced.
Is A writ of attachment is a court order to seize a debtor's property before the entry of a final judgment in a creditor's?
Yes, a writ of attachment is a court order that allows a creditor to seize a debtor's property before a final judgment is entered. It is a legal remedy used to secure the creditor's claim and prevent the debtor from disposing of their assets to avoid payment.
What is a motion for Writ of Execution?
A writ of execution (also known as a writ of final judgment) is an order from the court allowing the judgment holder to attach or seize real or personal property belonging to the judgment debtor. Example, garnishment of the debtor's income/wages.
When a judgment has been refiled does the defendant have to be notified and if not what do you do?
The laws and procedures on this vary by state. In California, you have a mail notice to the last known address of the judgment debtor.
What can be taken from you in a judgment?
State laws dictate what personal and real items belonging to a debtor are exempt from execution of a judgment writ. The preferred method of judgment creditors for enforcing the writ is wage garnishment or bank account levy against the judgment debtor. Generally the same property that is exempted in bankruptcy proceedings will also be exempted from attachment by a judgment creditor. It is in the best interest of the judgment debtor to obtain legal advice if faced with such a situation. The debtor's property is NOT automatically protected they need to file documents required by the court to keep exempted property from being possibly seized for sale or encumbered by liens.
If a civil court judgment is sold to a collection agency then is it considered unsecured debt?
No, it is still valid and the holder of the judgment writ can enforce it in the manner allowed by the laws of the judgment debtor's state.
If you want to start a wage garnishment and already have a Writ of Judgment do you need to follow the laws in the creditor's state or the debtor's state?
You can only conduct a wage garnishment in the state where the judgment was entered. If the debtor lives in another state, you will need to register the judgment where the debtor lives and use the laws of that state to start the wage garnishment.
If a credit card company obtains a judgment against you what happens?
The judgment creditor can execute the writ according to the laws of the state in which the judgment debtor resides. The preferred method is wage garnishment or bank account levy. Other options for the judgment creditor is the seizure and sale of unexempt real and personal property belonging to the debtor or liens against real property belonging to the debtor.
