To garnish wages to collect on a civil lawsuit judgment in New York State, you would first need to obtain a court order from the court where the judgment was awarded. Once you have the court order, you would provide it to the debtor's employer, who would then withhold a portion of the debtor's wages to satisfy the judgment amount. There are limits on how much can be garnished from a debtor's wages in New York, depending on their income and other factors.
If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.
To file a counterclaim in response to a civil lawsuit, you typically need to draft a document formally stating your claims against the plaintiff. This document should be filed with the court where the original lawsuit was filed and served on the plaintiff. It's advisable to consult with an attorney to ensure that the counterclaim is properly drafted and filed in accordance with legal requirements.
No. A collection agency has no legal authority. They can refer the account to a collections attorney who can then file a lawsuit for the debt owed. Yes! A collection agency has the right to file a lawsuit as the assigned creditor under the agreement that you signed when applying for the credit card.
To take out a judgment against someone, you typically need to file a lawsuit in court, provide evidence to support your claim, and go through the legal process. If the court rules in your favor, a judgment will be issued against the defendant. You may then need to take steps to enforce the judgment, such as garnishing wages or placing a lien on property.
No, they are exempt from the bankruptcy laws.
Yes, you can file for bankruptcy in California even if you have a civil judgment for contractually liable debt. Filing for bankruptcy can potentially discharge or restructure that debt, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13). However, certain debts may not be dischargeable, and it's important to consult with a bankruptcy attorney to understand the implications of your specific situation.
Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there
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no
If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.
No warranty can be placed. They can file a civil lawsuit against you, then get a judgment to garnish your wages or property. This is a civil matter.
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
You need to file a civil lawsuit.You need to file a civil lawsuit.You need to file a civil lawsuit.You need to file a civil lawsuit.
You would need to file a civil lawsuit. You should inquire at your local court.You would need to file a civil lawsuit. You should inquire at your local court.You would need to file a civil lawsuit. You should inquire at your local court.You would need to file a civil lawsuit. You should inquire at your local court.
If you have been served with a civil lawsuit, you will need to file a pleading called an Answer, where you answer each individual allegation, plead any affirmative defenses, and assert any counterclaims. A letter is not sufficient, and will not avoid a default judgment.
Yes. History is full of examples.