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The ways in which a creditor/plaintiff can execute a judgment against the debtor/defendant usually depends upon the laws of the state where the debtor resides. The preferred action is wage garnishment or bank account levy, a lien against real property is also possible as well as the seizure and liquidation of other non-exempt asets belonging to the debtor. All states have a set of exemptions a debtor may use to protect real and personal property from creditor attachment, one of the most important is the homestead exemption. It would be advisable to consult with an attorney or the local legal aid society, most attorneys offer free or minimal fee consultations.
Wiki User
∙ 18y ago
Wiki User
∙ 12y agoHow a creditor judgment can be executed depends upon the laws of the debtor's state.
The preferred method is wage garnishment or bank account levy.
In most states it is also possible for the creditor to enforce the judgment to seize and liquidate non exempt property (bonds, stocks, etc.) belonging to the debtor and place a lien against real property.
For homeowner's it is very important that they know what the laws of their state concerning the homestead exemption in order to prevent a forced sale of the residence.
The best option is for the debtor to obtain legal advice or representation as soon as possible. Most attorneys offer free or minimal fee consultations to discuss the individual's personal circumstances.
If the individual cannot afford a private attorney he or she can contact the local branch of legal aid society.
Please be advised, all legal aid agencies have a waiting list and specific requirements for eligibility.
Wiki User
∙ 15y agoWhat property can be seized or attached by a judgment creditor depends upon two basic things, the laws of the state in which the judgment debtor resides and the manner in which real property is held. Some of the methods of execution of a judgment are, wage garnishment (not allowed in a few US states); bank account levy (allowed in all US states, but depends upon how the bank account is established); seizure of non exempt personal property (bonds, stocks, etc.); liens against real property ( a forced sale although rare depends upon how said property is titled).
Wiki User
∙ 15y agoFrom my understanding only Child support and Tax liens can be garnished in PA. I would immagine if they find in the favor of the palintif ( The horrible creidt card company) you would be orderd to pay them.
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Credit card laws in Pennsylvania?
Credit Card debt is considered an Open Line of Credit. The Statute of Limitations for collection in Pennsylvania is 4 years. That is usually from the last use or payment.
Will a credit card debt judgment in Canada be imposed in the US?
No, the differences in laws governing the execution of a creditor judgment does not allow for the enforcement of such in countries other than that which the judgment was entered.
Can your paycheck get garnished for an unpaid credit card?
Even if a credit card company sues you and wins, the judge can only say that you do owe the money. He can attach a lien to your credit file which would prevent any new creditors from granting credit until the debt is taken care of. If you are in bankruptcy the rules change, each state has different laws. If the credit card company sues and receives a judgment in their favor your wages can be garnished up to an amount set by your state's laws.
Can a credit card issuer access a personal checking account to pay an account that has been written off?
If there is a valid judgment against the account holder, the judgment creditor can levy the bank account to recover the monies owed according to the terms of the judgment and the laws of the state in which the account is held.
How long does a tenant-landlord civil judgment stay on your credit report?
Generally such a judgment will remain on a credit report for seven years. Some judgments are renewable, state laws determine which ones.
In New Jersey can your wages be garnished for unpaid credit card debt?
Yes, if the creditor wins a lawsuit against the debtor, the creditor will receive a judgment and the judgment can be executed as a wage garnishment or bank account levy or other remedies allowed under the laws of the state.
How do the new credit card laws affect students?
The new credit card law called the Credit Card Reform affects students by not letting card issuers lure students in with freebies or offers for a credit card application. This law limits issuing credit cards to people under the age of 21.
How long does it take for a credit card company to be able to garnish your wages?
A credit card company cannot garnish your wages. A creditor must follow due process according to the laws of the debtor's resident state. Which means a lawsuit would have to filed, the case won, a judgment filed and granted and then the judgment executed. All states have laws that govern garnishment amounts. Some states such as Texas do not allow creditor garnishment at all. The average time it takes for a creditor suit to be filed and reach court is 15 months.
If a credit card company obtains a judgment against you what happens?
The judgment creditor can execute the writ according to the laws of the state in which the judgment debtor resides. The preferred method is wage garnishment or bank account levy. Other options for the judgment creditor is the seizure and sale of unexempt real and personal property belonging to the debtor or liens against real property belonging to the debtor.
If you are sued for defaulted credit card debt do you have to go to court?
No, but in all likelihood a default judgment will be entered in favor of the plaintiff and can be enforced against the defendant debtor's real or personal property according to the laws of the debtor's state.
What are the credit card debt laws?
The credit card debt laws are agreements and terms in which the user of the credit card is bound by a legal contract with their bank. This contract is usually signed by the user when applying for the credit card. Depending on which bank, different agreements and contracts can vary. If the user breaches any agreements, the bank may have the rights to bring legal charges against the user. Some examples of a credit card law may include, to pay for the installment fee on the credit card. If one fails to do so, the bank will file a lawsuit.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
