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The ways in which a creditor/plaintiff can execute a judgment against the debtor/defendant usually depends upon the laws of the state where the debtor resides. The preferred action is wage garnishment or bank account levy, a lien against real property is also possible as well as the seizure and liquidation of other non-exempt asets belonging to the debtor. All states have a set of exemptions a debtor may use to protect real and personal property from creditor attachment, one of the most important is the homestead exemption. It would be advisable to consult with an attorney or the local legal aid society, most attorneys offer free or minimal fee consultations.
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Credit card laws in Pennsylvania?
Credit Card debt is considered an Open Line of Credit. The Statute of Limitations for collection in Pennsylvania is 4 years. That is usually from the last use or payment.
Will a credit card debt judgment in Canada be imposed in the US?
No, the differences in laws governing the execution of a creditor judgment does not allow for the enforcement of such in countries other than that which the judgment was entered.
Can your paycheck get garnished for an unpaid credit card?
Even if a credit card company sues you and wins, the judge can only say that you do owe the money. He can attach a lien to your credit file which would prevent any new creditors from granting credit until the debt is taken care of. If you are in bankruptcy the rules change, each state has different laws. If the credit card company sues and receives a judgment in their favor your wages can be garnished up to an amount set by your state's laws.
Can a credit card issuer access a personal checking account to pay an account that has been written off?
If there is a valid judgment against the account holder, the judgment creditor can levy the bank account to recover the monies owed according to the terms of the judgment and the laws of the state in which the account is held.
In New Jersey can your wages be garnished for unpaid credit card debt?
Yes, if the creditor wins a lawsuit against the debtor, the creditor will receive a judgment and the judgment can be executed as a wage garnishment or bank account levy or other remedies allowed under the laws of the state.
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 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.
If you are sued for defaulted credit card debt do you have to go to court?
No, but in all likelihood a default judgment will be entered in favor of the plaintiff and can be enforced against the defendant debtor's real or personal property according to the laws of the debtor's state.
What is the law for credit card debt?
In the US there are several laws governing credit card debt. Some of the more interesting include that it is unsecured debt so that it may be discharged in bankruptcy, that you must be given an interest free payment window for purchases, and that a card holder's liability is capped at $50 USD for a lost card.
How do the new credit card laws affect students?
The new credit card law called the Credit Card Reform affects students by not letting card issuers lure students in with freebies or offers for a credit card application. This law limits issuing credit cards to people under the age of 21.
What are the credit card debt laws?
The credit card debt laws are agreements and terms in which the user of the credit card is bound by a legal contract with their bank. This contract is usually signed by the user when applying for the credit card. Depending on which bank, different agreements and contracts can vary. If the user breaches any agreements, the bank may have the rights to bring legal charges against the user. Some examples of a credit card law may include, to pay for the installment fee on the credit card. If one fails to do so, the bank will file a lawsuit.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
