A "default judgment" is granted when the debt is not contested. You would put information pertaining to your proof that the debt is not valid or actually owed.
Just because a person feels wronged, or got inferior goods or service, is not proof enough.
If you have been notified that your bank account is going to be levied, the only way to avoid that is to either close the account or take your name off the account. You can also keep the account open and just never put any money into that account.
You write a check to the employee for the amount after taxes are taken out.Then you write a check to the government (or do an electronic transfer) for the amount taken out.
Yes if they obtain a judgment they can enforce it upon the estate. Since the trust may be altered at any time until the grantor's death, it is considered part of the grantor's and is estate subject to be taxed as well.
Dear Sir (or his or her name if you know it), Re: Account number XXXX (Put your old account number in here). I am writing to request that you re-open my above bank account which I closed on XXX (Put date here.) If this is not possible for any reason, I would be grateful if you would let me know what I need to do in order to open a new account, as soon as possible. I look forward to hearing from you.
Not avoid...delay. At whatever point the property(s) you do a successful Section 1031 exchange is sold without an exchange, the gains will essentially be claculated from all the properties. Your basis in the "new" property you exchnage into is the same as the one you exchanged out of.....hence if the values are the same...the gain is still there on sale. S -1031 and Like Kinf Exchanges (LKE) are really very technical and filled with requirements...make sure you have professionals involved. On the deal side, they are also rather hard to put together.
It all depends on the laws and court rules of the state where the court is. But usually even a default judgment in a small claims court will count as a judgment lien, although a default judgment usually can be set aside if there were reasonable excuses for the default and if there is a meritorious defense. Some small claims courts require that a transcript of the judgment be sent to a central judgment docketing office, meaning that the judgment is not an automatic statewide lien as a judgment in a regular trial court would be.
Yes, any type of judgment will allow the creditor to levy on the debtor's bank accounts. Since it is a default judgment, it might be possible to apply to the court to have it set aside, if the circumstances are right.
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).
Yes, but if the judment has been secured (meaning the creditor has put a lien on the property) then the lien survives the BK, unless there is a motion to avoid a lien.
Yes you can. For example: I made a judgment about you.
Yes, if you can prove that was a loan an actual debt that is in default to you. You will not be able to arbitrarily put a lien without proof and a judgment from the court.
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
The good news is that the judge will not put you in prison for a judgement. Try to either settle if you have the money or develop a payment plan with the organization that you owe.
You file a law suit, which means you notify the debtor. They may pay up rather than hire an attorney and going to court. If they don't, then you go to court. If they don't show up, you get a Default Judgement. If they do, the case is heard and the judge will issue a Judgement (presumably in your favor, if you have the debt properly documented). You can then serve the judgment on the debtor to collect the amount. The judgment can be used to put a lien on property, garnish wages and other means of collection.
In Alabama, even if one party does not want the divorce to proceed, the other party can still get the divorce granted by filing for a default judgment. Since children are involved, I would not let the divorce get to this stage. At a default judgment hearing, the party requesting will more than likely be granted most of what they request while you are left out in the cold.
Never Put it in Writing was created in 1964.
yes