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If someone has a civil judgment against you, it is possible that your assets may be ats risk. However, the laws of most states also protect a portion of your assets. The types an amounts of property that you can protect from a judgment creditor will vary be state. However, it is usually not very cost effective for a judgment creditor to go after the debtor's car. Having a civil judgment on your credit history will make it more difficult for you to get a car loan. It will be difficult, but not impossible.
In most civil cases it is only necessary for a reasonable attempt be made to serve the defendant(s). All US states have laws which allow creditor suits and certain other cases to be tried (heard) and judgment to be rendered with or without the presence of the defendant(s).
If you have had a judgment entered against you and have not paid, the prevailing party can request that the court garnish wages or property in order to pay the judgment entered against you. -J
Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.
Judgment funds
If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.
Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.Yes. If the creditor has won a judgment against the trust. It cannot be levied for a debt against the beneficiary as long as the trust is a valid trust.
no
yes
The creditor can file suit against the debtor and if the creditor is successful and is awarded a judgment the judgment can be executed against all non exempt real and personal property belonging to the judgment debtor.
A voluntary judgment occurs when the debtor agrees to the charges against them from their creditor. A court will act as a mediator to finalize a payment arrangement that the debtor offers to the creditor.
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.
The judgment is still collectable, it does not simply go away. The creditor may assign the debt to a third party, who has full authority to collect it, however the creditor may notify you, the judgment debtor, ehere and when to send payments. its still a judgment against you, and will remain so until the creditor instructs the Clerk to cancel it, by stating you have paid, or rather "satisfied" the judgment against you.
If you fail to appear in court a default judgment can be entered against you
The party seeking a writ of wage garnishment must file a lawsuit against the debtor in state circuit court (sometimes superior court). If a judgment is awarded against the debtor it can be executed as a wage garnishment. The garnishment generally commences 30 days after the order has been served on the garnishee's employer. New York does not use federal wage garnishment law, but uses state law which allows a judgment creditor to garnish 10% of the gross income of the garnishee. This law applies to creditor debt only; it does not apply to court ordered child support, spousal maintenance, student loans or federal or state tax arrearages. The amount that can be garnished concerning cited issues is determined by the court and can be as much as 50% of the garnishee's disposable income.
The creditor (holder of the note) would need to file a lawsuit in the court of jurisdiction where the debtor(borrower) resides. If the creditor prevails in the suit a judgment will be entered against the borrower. The creditor can then execute the judgment in accordance with the laws of the debtor's state.
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.