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If you did not appear in a case of judgment creditor debtor Only because the plaintiff did not have your known address and you could not be notified of the court date Is the judgment contestable?
Wiki User
∙ 14y ago
I would thinks so. You have a right to defend yourself and its on them to notify you of the date. If they never told you when then due process was not followed
Wiki User
∙ 14y ago
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What can you do if there is a judgment against you that you weren't notified of?
You can contest it to see if it was properly executed. If your whereabouts were unknown, then the plaintiff should have notified you publically through a newspaper ad in the Legals. Then you can be sued in absentia.
Can a credit card company put a lien on your property in Georgia?
The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.
Are you supposed to be notified if someone puts a lien on your house?
Liens, in just about every state are for the protection of the creditor, not the debtor. You state laws will define what is expected for all liens that are filed. If you want to check if there are existing liens consult the county's public records.
Does the debtor have to be notified of a writ of judgment?
A debtor does have to be notified of a writ of judgment. The debtor is often notified before the court hearing takes place.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
has a nj judge ever over turned a garnishment and what was the results?
A judgment would have to be reversed in order to stop an attachment of wages. When a creditor moves for a judgment, the debtor is notified of the action, after repeated attempts on the part of the original creditor as well as the third party collection group. The debtor has the opportunity to go to court to present information with regard to the request for judgment. If none of these efforts have been made, once the judgment is in effect, it is not likely to be withdrawn.
will I be notified before a levy from a creditor (not tax related)can actually levy my bank account?
a creditor with a judgment found my bank account and took the money out and i got a notice of it the same day in the mail. too late my account was zero. it was my social security payment which is illegal.
How do you stop a creditor from updating the account that is included in bankruptcy?
Make sure the creditor was notified that their debt was included in and discharged through your bankruptcy. Once notified, they cannot legally update a trade line.
Can a lawyer issue a garnishment to your employer without you being notified and in Mississippi can they garnish you twice for the same debt?
The garnishee is not notified by the judgment creditor or the court, but the wage garnishment will not begin until 30 days after the writ has been served on the employer; therefore the employer usually notifies the employee that garnishment action is pending. A wage garnishment will remain valid until the total judgment amount is paid in full. Wage deduction for child support is not considered garnishment, thereby allowing a support deduction and a creditor garnishment to be concurrently executed.
Must you be notified before your wages are garnished from a judgment?
Yes.
Is income earned through the Title IV government subsidized training program exempt from garnishment by judgment creditors?
No. The Social Security Administration is the administrator of Title IV and all SS benefits are exempt from creditor attachment. The beneficiary should never commingle exempt income with other monies in a bank account, and if he or she believes they may be subject to a creditor judgment the bank should be notified in writing that the account contains exempted funds.
