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If you set up payment on a judgment can they still garnish your bank account?
Wiki User
∙ 12y ago
They can put a lien on your house if own one. Getting a judgment doesn't require you to be there. It does mean that if you default on your payments they can take the property, put a lien on your home or whatever you have that is of value. I do know they can and will garnish your wages. I am sure in certain circumstances they might be able to check your balances. I'm not real positive about that though.
The debtor must get such an agreement in writing signed by all involved parties.
If that is done, the creditor cannot take further action to execute a standing judgment without receiving permission from the court where the judgment was entered unless the written agreement contains a default clause (it will!).
DO NOT, make any payment by personal check, or release the name of the banking facility, routing numbers, account numbers and most importantly NEVER allow an automatic withdrawal of funds by the a judgment creditor or collector. You are not legally required to do so without a direct order from the court (this includes a creditor holding a judgment).
Wiki User
∙ 12y ago
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When your home forecloses and your RV is repossessed can the loan company garnish your bank account for debt still owed on them?
Yes, if they receive a court judgment in most states it can be used as a wage garnishment.
If you make a payment on a debt can they still file for a judgment?
Off course. A payment on...is not paying it off.The judgement is to asure you will.
If you have a judgment on your credit and it has been 7 years does the judgment come off their credit if it still hasn't been paid?
It does come off; however, you may still be obligated to pay. If the plaintiff renewed the judgment, they can still pursue you for payment.
Can a collection agency in Texas garnish my checking account?
Only if it has gone to court, served you with the complaint and gotten a judgment against you. If it has gotten the judgment, the agency must still make application through the courts to get the wage garnishment. The garnishment cannot begin until you have been given notice of the request and a chance to object to it.
Which is worse Charge off or judgment?
Depends how you look at it. They hurt your credit score the same if they are on your credit report. But they can be collected differently. If someone gets a judgment against you they can garnish your wages and take your tax refund. A charged off account is usually sent to collections and could possible be turned into a judgment. Either way, you still owe debt on both and they hurt your credit the same.
How does one go about having someones bank account garnished?
Assuming you won a judgment in a lawsuit or small claims court, you must contact a licensed marshal. They can not look up any info for you so you must be able to provide them with the name of the bank and the account number. I won a small claims case and tried to garnish her bank account and her wages but she changed banks and jobs. I walked into her old job claiming to be an old friend and they directed me to her new job where I was able to garnish her wages. There are fees involved in garnishing a bank account or job wages but those fees are just added to the total amount the defendant owes you. In other words, in my small claims case, I won $1070 but $5 was added for the court fee, plus the fees the marshal charged and interest on the judgment. I actually collect more than I won. She left that job before she completed payment and still owes me $225 (plus any new fees and interest). Good Luck
Can they still garnish your paycheack if they are getting their payment from your checking account every mo?
Yes. Many creditors do this due to the 25% cap on wage garnishment. It is a way for them to take more, potentially all of your wages. Your safest bet to avoid this is to open an account with another bank and never receive your wages by direct deposit.
If a credit card is past the statute of limitations can one still be garnished there are 3 credit reports it doesn't appear on 2 and the other 1 states satisfactory account?
Not if you go to court! They cannot garnish your wages without going to court to get a judgment. If you fail to show up in court and simply tell the court that the debt is outside the statute of limitations, then you may have a judgment against you. And yes they can garnish your wages if a judgment has already been awarded. So go to court if it goes that far and immediately ask that the case be dismissed based on the statute.
If your car was reposessed in 1996 in Illinois and you are now getting calls regarding a balance owed can they still collect that money what or garnish wages or take this from existing accounts?
If they had a judgment and could collect from your bank account or garnish yourwages they would do it and not bother calling you.I suspect the time limit for collections is close to being up and they can renew it with a phone call so don'tanswer their calls.
Can a credit card company that filed a debt as a charge-off still file a judgment against the debtor?
Yes, the creditor or more likely a collector who buys the account can file a lawsuit against the debtor. If the plaintiff (collector) wins the suit, they will be awarded a writ of judgment. A judgment can be used to garnish wages, levy bank accounts, place liens against real property or liquidate nonexempt property owned by the debtor.
What can happen if a voluntary repossession is done and the vehicle has sold and you can't pay the balance remaining and a judgment is obtained but you still can't pay?
They can try and garnish your wages(if your working)or they will work out a payment plan with you for the remainder or a portion of the outstanding balance.One option you have is to declare bankruptcy to clear your debts.You cannot be thrown in jail if you cannot pay.
What happens when a charged off account is bought out by an attorney and taken to court?
The debtor is served a civil summons to appear the lawsuit hearing. If the debtor does not appear he or she loses the case by default and a judgment is entered in favor of the plaintiff 9creditor). If the debtor does appear and loses the case which is the normal scenario, a judgment is still entered in favor of the creditor. The creditor can then use the judgment to garnish wages or take action against other real and/or personal propety belonging to the debtor.
