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Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
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Does a debt collection agency have to go to court to collect?
Not necessarily. A debt collection agency can attempt to collect a debt through various means such as phone calls, letters, and negotiation. However, if the debtor disputes the debt or refuses to pay, the agency may choose to take legal action and go to court to enforce the debt.
If you have a judgment and after 7 years it's off your credit does that mean that the creditor can't put a lien on any of your property?
The expiration of the judgment on your credit report does not necessarily prevent the creditor from enforcing the judgment by placing a lien on your property. You may need to check the laws in your state regarding the statute of limitations for enforcement of judgments. Additionally, the creditor may still pursue other legal avenues to collect the debt even if the judgment is no longer on your credit report.
How do you get a judgment put on someone's credit report?
To have a judgment placed on someone's credit report, you need to first obtain a court judgment against them for a debt owed. You can then request that the credit bureaus add the judgment to the individual's credit report. The credit bureaus will typically verify the information with the court before including it on the report.
What are the 5 protections given by the 5th admendment?
The Fifth Amendment provides five protections: the right to a grand jury, protection against double jeopardy, the right against self-incrimination, due process of law before being deprived of life, liberty, or property, and protection against government seizure of private property without just compensation.
How do you get an outstanding judgment placed on someone's credit report?
To get an outstanding judgment placed on someone's credit report, you would need to first obtain a court judgment against the individual and then typically file a separate request with the credit bureaus to have it added to their credit report. This can negatively impact their credit score and make it more difficult for them to secure loans or credit in the future.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
Does a credit card have to be charged off when a judgment is granted?
An account is charged off before a judgment. The judgment creditor can execute the judgment against non-exempt property belonging to the debtor as a means to recover monies owed. The preferred method is wage garnishment followed by bank account levy or a lien against real property. It is also possible for the creditor to seize and sell other personal property belonging to the debtor, but creditors are generally reluctant to take such action.
Can you place a lien on property held as joint tenant for value of inheritance that they agreed to purchase at time of inheritance?
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
Can a creditor get a judgment against you before the court date?
no
Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Are you responsible for a spouse's debt before marriage?
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
If your wife is sued for something that happened before you were married can a judgment be made against your assets in N.C.?
It would be possible for a judgment creditor to levy a marital bank account that was held as joint tenants. The non-debtor spouse would be responsible for submitting proof to the court the amount of funds which belonged to them. Likewise if the couple have jointly owned property a judgment creditor would be able to place a lien against the debtor's share, but a forced sale of said property would not be possible. What would determine if such action is possible is how the property is titled.
What can a credit card company do if an Alzheimer patient fails to pay off the balance?
The creditor can seek a court judgment and if successful can record a lien against the debtor's property. The lien must be paid before the property can be refinanced or sold. The creditor can also file a claim against the debtor's estate.
What happens when a judgment is fileled against you can thy take any of your property?
i live in Louisiana a hospital is try to sue me for a dept if they gain a judgment against me can they take any of my property If a judgment is assessed against you, they can take your property. Depending on the type of suit and who the judgment creditor is, collections on judgment can be in the form of garnishments ( served upon your employer to hold your wages or even your bank accounts), to the judgment being recorded in the county you reside which will result in your not being able to buy or sell a home (or buy one for that matter) until the judgment is paid in full. Should you die before the money is collected, "they" can also collect the proceeds from your estate before any money is disbursed to your family. Best advice - contact an attorney in your area (check the yellow pages for a general practioner or litigation attorney) hopefully they will be able to negotiate a settlement (reduced amount) and have the judgment set aside - or even file a motion to stay collection proceedings while they work on an appeal for you. Good luck!
If a judgment was already on you Can someone raise the amount of the judgment and go after you?
A judgment collects interest for as long as it remains unsatisfied (paid). Likewise a judgment can be executed at any time before it expires against any non protected property belonging to the debtor. Most states allow judgments to be valid for 10-20 years and many are renewable, meaning they can last indefinitely.
