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If a civil judgment is granted to a credit card company can the creditor take the debtor's land or deduct from wages?
Yes they can either take the debtor's land or garnish the debtor's wages. However, in most states, they cannot take your Homestead (which is the principle resident where you live). To avoid having them take your land, before the lawsuit was filed, you needed to put your land in a Living Trust so that the Trust owned the land, not you (then they cannot take it). The only one who can take from a trust, or garnish from a pension, is the Internal Revenue Service (IRS)
What else can I help you with?
How do you pay off a court judgment from a credit card company - pay the court or the lawyer for the creditor or the creditor directly?
You pay the organization/creditor to whom the judgment was granted.
If you have a joint checking account in Michigan can a credit card company freeze the account?
Yes, if a creditor wins a lawsuit and is granted a judgment, said judgment can be enforced as a bank account garnishment. A joint account (even a marital one) is subject to attachment to the extent of the debtor's share.
Judgment liens are what type of lien?
A Judgment Lien is a lien placed on property by a creditor to recover a certain sum of money granted by a judgment awarded in court. The property can not be sold legally while the lien remains unpaid.
How long does it take for a credit card company to be able to garnish your wages?
A credit card company cannot garnish your wages. A creditor must follow due process according to the laws of the debtor's resident state. Which means a lawsuit would have to filed, the case won, a judgment filed and granted and then the judgment executed. All states have laws that govern garnishment amounts. Some states such as Texas do not allow creditor garnishment at all. The average time it takes for a creditor suit to be filed and reach court is 15 months.
If a judgment is entered against you in a county where you don't reside does the creditor have to file a new lawsuit in the county where you do reside?
No, once the judgment is granted, it applies to you, not your county. All they need is your new address. * Perhaps. If the judgment holder wants to enforce the judgment in a method other than filing an abstract judgment against the debtor's real property then the creditor will have to file a suit in the county where the debtor resides. Judgments granted in one county or state can only be transferred to another county or state as liens against real property owned by the debtor.
What is exempt from a money judgment?
Whatever the state in which the judgment was granted allows. All Social Security benefits and public assistance are exempt from creditor judgments as are the majority of pension both private and military. Generally the personal and property exemptions that are allowed in BK are the same as those used to protect assets and property in the execution of a creditor judgment.
Can a creditor collect without a judgment?
Plain and simply yes a creditor can collect without a judgment as this is the whole reason that you were granted the credit from them in the first place because you made an agreement between the creditor and yourself that they would lend you so much on the agreement by you that you would pay back a minimum ammount each week or month or whatever you and the creditor agreed upon and so when you fail to pay as per agreement then the creditor has to apply for a judgment against you and depending on which kind of judgment is granted to them they may either be given the right to cease the property back if it is a car or an item and then theyre allowed tosell that in order to get their money back which you have failed to pay or they may be permitted to acquire your property and hold onto it until the debt owed by you is paid in full in which case it then will be returned to you and not before so the answer to your question is yes the creditor may collect your agreed payments but no they cannot cease the goods back without a court judgment being filed against you and granted in their favour.
What is the process used to garnish a person's wages?
The creditor or person who is owed money must bring a lawsuit against the debtor in the proper court. If the plaintiff wins the case they will be granted a judgment, the judgment can then be enforced as a wage garnishment against the debtor, in accordance with the laws of the state where it is issued. Please be adivised there are four states that do not allow wage garnishment for the collection of creditor or personal debt owed, they are Texas, Pennsylvania, South Carolina and North Carolina.
What should you do if a judgment is 6 and a half years old and you do not know if it will be renewed?
A judgment creditor seldom lets a judgment lapse. That would mean the entire process of filing a lawsuit and being granted a judgment wasted effort. The only option of the debtor is to pay the judgment amount or reach a settlement agreement of some type with the judgment holder.
What are the laws of filling a lien on personal property for medical bills?
The debtor must be sued in the court of jurisdication in their state. If the plaintiff/creditor prevails a judgment will be entered in their favor. The judgment can then be executed against property belonging to the debtor in accordance with the governing state laws. Collection agencies often use arbitration where it concerns medical bills. Arbitration allows the creditor to bypass normal court procedures by means of submitting valid evidence of the debt to the arbitration board. The debtor will be informed of the action and given 30 days to submit a written response. Even when an arbitration award is granted to the creditor said creditor must still file the action in the proper state court to receive a writ of judgment.
In Ohio can child support and temporary alimony payments be garnished for a car that was voluntarily repossessed?
No, both are exempt from garnishment by a judgment creditor . Please note, the judgment debtor must claim the allowed exemptions they are not automatically granted by the court.
If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?
No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.
