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Should you notify a creditor that your income is exempt from being garnished and inform your bank that your account may be 'frozen' due to a civil lawsuit?
Wiki User
∙ 17y ago
Yes, it may or may not make an impact on the creditor's decision to pursue litigation, but it can do not harm. In the case of the bank, the bank can be notified that the account holds exempted funds, but it is the decision of the bank whether or not to comply with the judgment writ. If an account is joint or the funds in the account are questionable as to exemption or ownership, the bank generally request the court to 'freeze' the account and make rule on the validity of the judgment levy.
Wiki User
∙ 17y ago
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How do you know if your wages are going to be garnished?
You should in fact receive a letter from who the creditor is and if they are being garnished your employer should send you all the information that was sent to them in order for them to proceed with the garnishment.
What do you do if an account was turned over to a collection agency but the original creditor accepted your payment in full?
Contact the original creditor. Provide proof of your payment. They need to retract the account from the collection agency. The account could have been sold to the collection agency or simply assigned to them. For your purposes, it does not matter which situation applies. You paid the original creditor and your credit report needs to reflect this. After they do what they need to do to get the account back; you then dispute the entries with all three credit bureaus. The original account should show as a paid collection and the other collection account should be removed from your credit report entirely.
If a collection agency refuses to settle medical debt and you can't pay what is the worst they can do?
The collection agency can take you to court and garnish your wages. You should attempt to contact the original creditor and make negotiation with them if possible. If this is not possible, attempt to set up a reasonable payment plan with the collection agency. Having wages garnished sets back your life until the debt is paid off. * Collection agencies have no legal authority. If they are a third party collector that has purchased the account they can refer the account to an attorney who can file a lawsuit in the appropriate court in the debtor's state of residency. If they are working for the original creditor the original creditor must be the one to implement a lawsuit. If the plaintiff wins (they always do) a judgment will be entered against the debtor. Judgments can be executed according to the laws of the state where they are issued. Generally a judgment can be used as a wage garnishment or bank account levy or seizure and sale of non exempt property or a lien against real property. In most states it is possible to execute judgments against jointly owned property even that which is considered marital. Judgments are granted from 5-20 years and most are renewable and can be executed at any time the judgment creditor so chooses and will continue to incur interest until they are paid or settled.
Should original creditor and the new creditor the account was sold to be included in bankruptcy?
Both and anyone else you can think about in the middle, because it removes any claims down the road for not providing proper notice.
Can a joint bank account be frozen by a judgment creditor?
A joint account can be frozen by a judgment creditor of one owner. That can cause not only an indeterminate period of inconvenience for the non-debtor owner but also may result in the loss of half of the funds in the account. You should not open a joint account with another person who has a history of debt problems. You can read more about frozen bank accounts in general at the link provided below.
What should you do if you were paying on an account by them taking out the money but then they stopped and you received a letter from a lawyer?
If there is not a pending lawsuit you should close the account as soon as possible. The best option is to obtain legal advice concerning creditor debtor laws in the state in which you reside before communicating or making an agreement with the creditor's legal representative.
How do you know if your wages are going to be garnished?
You should in fact receive a letter from who the creditor is and if they are being garnished your employer should send you all the information that was sent to them in order for them to proceed with the garnishment.
If account is sold to collections should original creditor remove that account?
The original creditor does not remove your information. What is should say in the notes section is that the account has been transfered or sold to a third party collection agency. This information will remain on your account until the 7 year clock expires.
Which creditors can garnish your pension in Alabama?
Generally pensions cannot be garnished by judgment creditors. A few U.S. states have exceptions when it pertains to private pension annuities. All SS benefits are exempt by federal law from creditor garnishment.All pensions, private and otherwise can be garnished for tax arrearages and child support obligations/arrearages. A few U.S. states also allow the levy of pension funds when it relates to spousal maintainence/alimony.CAVEAT: If you have your pension/annuity/whatever directly deposited into a bank account the creditor CAN lien your bank account. Upon their deposit, once those payments are converted to cash, the creditor has access to them. It then becomes YOUR burden to prove to the court which of those funds derive SOLELY from your pension/annuity income and should be untouchable.
What is the consequence to the debtor if you are an unnamed creditor in a Chapter 7 and should be?
Any creditor not included in a bankruptcy discharge retains the right to continue attempting to collect a debt. That would include using legal remedy in the form of a lawsuit against the debtor.
Can military retirement benefits be garnished by a forclosure judgment in Florida?
No. Military and government pensions are exempt from judgment creditor action. However, the judgment debtor should keep in mind that it is his or her duty to inform the court that such funds are exempt from attachment. Exempt monies such as pension benefits, SSI, SSD, etc. should never be commingled with other funds in any bank account.
What do you do if an account was turned over to a collection agency but the original creditor accepted your payment in full?
Contact the original creditor. Provide proof of your payment. They need to retract the account from the collection agency. The account could have been sold to the collection agency or simply assigned to them. For your purposes, it does not matter which situation applies. You paid the original creditor and your credit report needs to reflect this. After they do what they need to do to get the account back; you then dispute the entries with all three credit bureaus. The original account should show as a paid collection and the other collection account should be removed from your credit report entirely.
Seize bank account for credit card debt?
If your bank account has been seized because of a debt you owe, you should call and work out a payment arrangement with the creditor. You should also start a new bank account.
Can wages be garnished from a joint account when one party isn't involved with the debt in NJ and the state garnished wages from one party for child support the other party isn't involved in the case.?
Yes, you should open up a separate checking/savings account in just your name only.
If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?
Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.
If a collection agency refuses to settle medical debt and you can't pay what is the worst they can do?
The collection agency can take you to court and garnish your wages. You should attempt to contact the original creditor and make negotiation with them if possible. If this is not possible, attempt to set up a reasonable payment plan with the collection agency. Having wages garnished sets back your life until the debt is paid off. * Collection agencies have no legal authority. If they are a third party collector that has purchased the account they can refer the account to an attorney who can file a lawsuit in the appropriate court in the debtor's state of residency. If they are working for the original creditor the original creditor must be the one to implement a lawsuit. If the plaintiff wins (they always do) a judgment will be entered against the debtor. Judgments can be executed according to the laws of the state where they are issued. Generally a judgment can be used as a wage garnishment or bank account levy or seizure and sale of non exempt property or a lien against real property. In most states it is possible to execute judgments against jointly owned property even that which is considered marital. Judgments are granted from 5-20 years and most are renewable and can be executed at any time the judgment creditor so chooses and will continue to incur interest until they are paid or settled.
Should any and all account be included in a chapter 7 regardless of the account status?
Yes, all accounts should be entered unless they are marked as "paid in full" or "paid" by the creditor on your credit reports.
