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If the judgment creditor cant't gain possession of the house how does that effect the exemptions allowed this is in North Carolina?
Makes no difference, just like in any foreclosure.
Once they get the foreclosure...the sheriff will come and evict you and move your stuff out...and bar you from the property...which if you try and enter..they will put you in jail.
Done a thousand times a day or more with tennents and holdovers all over the country
What else can I help you with?
Can a lien take your child support?
No. A judgment creditor cannot take possession of child support payments to satisfy a lien.No. A judgment creditor cannot take possession of child support payments to satisfy a lien.No. A judgment creditor cannot take possession of child support payments to satisfy a lien.No. A judgment creditor cannot take possession of child support payments to satisfy a lien.
Are there garnish bank accounts in South Carolina?
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.
Can a debt collector garnish wages if they are not the original creditor?
Yes. If they sue the debtor and win a judgment the creditor or collector can execute the judgment in accordance with the laws of the debtor's state. Texas, Pennsylvania, South Carolina and North Carolina are the only US states that do not allow wage garnishment for creditor debt.
Can a creditor get a judgment and freeze your bank account in South Carolina?
A creditor can get a judgment and freeze your bank account in South Carolina, but typically creditors only do this if you owe them a very large amount of money. The cost to do this usually means it's not worthwhile for creditors to pursue this type of action.
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.
Would Texas law allow a creditor to seize a debtor's real property if the property does not have any qualifying exemptions?
Yes, under Texas law, a creditor can seize a debtor's real property if it does not have any qualifying exemptions. Texas has specific laws regarding property exemptions, which protect certain types of property from seizure, such as homesteads and personal property up to certain limits. If the property in question is not protected by these exemptions, the creditor may pursue legal action to obtain a judgment and subsequently seize the property to satisfy the debt.
How do leins work in North Carolina?
North Carolina does not allow wage garnishment for creditor debt. Liens against real property are possible if the creditor wins a lawsuit judgment and chooses to execute it as a lien against real property owned by the debtor. N.C. also allows a judgment creditor to levy bank accounts even if they are jointly held.
Can credit card debt put a lien on your taxes?
Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.
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.
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.
What is the judgment process?
There are several classifications of judgments, but they are all executed by the same basic method. A judgment creditor may execute the writ according to the laws of the judgment debtor's state. Some ways of enforcing a judgment are; income garnishment or levy against bank accounts or seizure and sale of non exempt property or liens against real property. The judgment debtor is allowed specific exemptions for real and personal property, exemptions will differ from state-to-state. A consumer who believes they may be sued for a debt should familiarize themselves with their rights under state and federal law as to what property can be protected from a judgment creditor.
What actions can the creditor take if you can't pay your debt?
They can initiate a lawsuit. If the creditor wins the suit, they will then petition for a writ of judgment and proceed to execute it. That can be in the form of wage garnishment, bank account levy, liquidation of nonexempt assets. Every state has a set of exemptions that the debtor can use to protect specific property. These exemptions are the same ones that are used in bankruptcy.
