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If your bank account was mistakenly levied for not filing tax papers properly and now there is a judgment on your account how do you remove it?
You need to get a copy that ALL TAXES have been paid from the IRS or if in Canada, Revenue Canada and take a copy of this document for the banking institution (but take in the original as well) to the banking institution and show them the proof. Sit there until they have completely absolved this mistake on your account.
What else can I help you with?
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
Can a lien be filed after a judgment has been made?
Yes. Follow the rules in your state for filing a judgment.
When and how are judgment liens removed?
they are removed by the act of filing a satisfaction of judgment with the county clerks office
If a judgment has been issued for a repossession deficiency will it affect a 401K when cashed in and can they place a lien on your home which is homesteaded or take the money if it is sold?
A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.
Is it better to enter a judgment on a credit report before or after a bankruptcy filing. I have a judgment that isn't on my ex-husbands credit report. He is filing chapter 7 I won't be dismissed.?
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
What is the difference between a summary judgment and a default judgment?
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
How do you remove a judgment from your credit report that is not valid?
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
If a collection agency freezes your bank account and on the next day you file for bankruptcy can they still freeze your money?
A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.
Can a creditor add an account to your bankruptcy when the account was opened after filing and you didn't include it yourself?
No, debts acquired after the filing cannot be included in the BK petition.
Do you enter request for default judgment before filing for default judgment?
Yes, before filing for a default judgment, you typically need to enter a request for default with the court. This process involves notifying the court that the opposing party has failed to respond or appear in the case. Once the court enters the default, you can then proceed to file for a default judgment, which may include submitting documentation to support your claim for the judgment.
Is a judgment removed by filing a chapter 7?
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
