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Tag Archives: debt collection

If a judgment is in my name only, can the plaintiff or court change it so the plaintiff can collect from my wife or any of my children?

wage garnishment

If the only reason for requesting an amendment is to collect from someone other than you then the answer is no. In order to change (amend the judgment), the plaintiff would need to prove that your wife or children were a party to the issue. There may be instances where discussing your situation over a public forum could potentially compromise ...

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Disputing a Debt: Are we still able to dispute a debt even though the agency is saying it’s been over 30 days since the original letter to us was sent?

credit card debt

We have been in contact with the original creditor because we wanted our bill reduced or taken off for some faulty car repairs; but haven’t had much success. Today we received a call from a collection agency stating they have sent out a few letters and haven’t received any sort of response so they contacted us by phone. To date, ...

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What legal means can a plaintiff use to obtain proof of my assets (cars, boat, jobs, etc.) in a small claims judgment?

debtcollection

Once a judgment is obtained, the judgment-creditor can garnish wages or levy bank accounts, but the creditor must know your employer and other information about you to perfect these remedies. To gather this info, the court can order a “debtors exam.” During this process, debtors are asked personal questions (that the debtor must truthfully answer) about the existence and location ...

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What is a judgment?

fairdebtcollection

The proper term is Court Judgment. A court judgment is the final decisive act of a court in defining the rights of the parties.  It includes a decree and any order from which an appeal lies.  Other terms commonly used include, default judgment, civil judgment, foreign judgment, and judgment proof. There may be instances where discussing your situation over a ...

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What does “Judgment Proof” really mean?

unauthorized charges

Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect from you, but if you are penniless then you are at least temporarily insulated not from judgment but from execution of the judgment (the collection of the debt) You may be considered “Judgment Proof” ...

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Am I responsible for my ex-husband’s or ex-wife’s debts?

debt and divorce

Whether you are responsible for your ex-husband’s or ex-wife’s debts depends on the circumstances surrounding the issue, your state law and perhaps most importantly, who signed the credit contract. For instance, if your name is still on the credit contract you are still responsible for the debt regardless of what the divorce decree states. It’s important to understand that a ...

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Credit Card Resold Debt

debt resold

Hi, I have old debts which under GA SoL are expired. One of the debts is a credit card resold debt/ transferred the debt and one began filing for a judgment however did not finalize the process to my knowledge. In the first instance did the SoL reset when sold? Or was the SoL remaining from last payment or promise ...

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Are disability payments subject to garnishment?

debt relief

In most states, State paid disability, private disability insurance payments and most retired disability payments are exempt from garnishment. However, there are exceptions when you owe back child support or certain taxes. Check with your state attorney general’s consumer protection division to be sure about the rules in your state. There may be instances where discussing your situation over a ...

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