Judgement Filed Aaginst You?

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  #1  
Old 01-17-08, 08:54 AM
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Judgement Filed Aaginst You?

If you lose a civil court case & the plaintiff is awarded a judgement against you, can they attach your wages or lien your home without getting a subsequent court order to do so? (& with no attempts to contact you after the judgement?)
 
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  #2  
Old 01-17-08, 10:21 AM
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It is best to contact the person re: voluntary payment. Depending on circumstances and previous attempts to collect the debt, they may have opted to go ahead and file the lien. If you did no receive a copy of the lien, you can get a copy of it at your County Recorder's office. The lien is a public record.

A lien does not guarantee any payment, nor does it provide a way for a quick payment. Depending on the amount of the debt, the party could hire an attorney to force a sale of property or collect the money in some other way. All the party has to do is go to the court house and record a lien against the property at your address if you own a home or land. The property can not be sold until the lien is satisfied. This is usually deducted at the time of sale or refinancing of the property.

Wage garnishment requires a court order to garnishee an employee's wages for debt settlement. The amount of wages subject to garnishment in any one week is limited. An employer can not discharge an employee for garnishment. A motion can be filed with the court to object to the garnishment.
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All motions, statements, answers to interrogatories and other papers filed with the court must be sent to all parties (creditor, debtor, garnishee and attorney,
if any) involved in the case.
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  #3  
Old 01-17-08, 12:39 PM
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So before a creditor (who has been awarded a judgement) can garnish someone's wages, they (creditor) have to apply to the court & be granted a writ of garnishment?
Does the garnishee (or whatever it's called<G>) have the right to contest the court's awarding of the writ b4 it's given?
 

Last edited by twelvepole; 01-17-08 at 01:48 PM. Reason: Quote removed. No need to quote entire post in order to reply.
  #4  
Old 01-17-08, 01:02 PM
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Typically repeated efforts to collect debts have been made prior to filing a garnishment. The party has been given multiple opportunities to pay or work out a payment plan. When it appears that all efforts to collect the debt, wages are garnisheed, such as for child support. Objection can be filed with the court after the garnishment

Garnishments become part of an individual's credit history. They are embarrassing for the employee who will receive less pay. They are a pain for the payroll department because of the extra paper work. The deduction has to be made from paychecks and a check cut and mailed.

Learn more about wage garnishments and the limitations in your state: http://www.bcsalliance.com/y_debt_st...nishments.html
 
  #5  
Old 01-17-08, 01:38 PM
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spend a few bucks and get some advice from a lawyer in your state

money well spent
 
  #6  
Old 01-17-08, 01:44 PM
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When we get a judgment, we docket it same day and file for garnishment with the debtor's employer as soon as we know who it is. Fill out a form, mail it and a check for $15 to the employer and we start getting 20% off the top sent to us.
 
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