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Intensions with a judgment

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Lexixc
New Contributor

Intensions with a judgment

I am trying to find out if there is anywa to find out a creditors intensions for a judgment. For example do they plan to go for my checking accounts or my wages. I understand they have the rights what Im trying to figure out is which route they will take. Would it be stupid to just ask them? 

 

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Message 1 of 5
4 REPLIES 4
Rebuilding69
Established Contributor

Re: Intensions with a judgment

I believe the docket will state whether they plan on wage garnishment. My docket paperwork actually stated they were going to garnish wages. You can get the paperwork from the court clerk if you weren't at the hearing. Though that doesnt help you if you havent actually been sued yet, in which case I'd just call & maybie offer some plan of payment to keep it away from the judge.


Message 2 of 5
Anonymous
Not applicable

Re: Intensions with a judgment

Their actions will depend on what they know. Do they know who you work for? They will find any bank accounts by serving the local banks (both big and small) where you live. Do you have money in a local bank?

 

If you make reasonable payment arrangements they will usually leave your assets alone. What you consider reasonable and what they consider reasonable may not be the same. Do you know your states wage garnishment laws?

Message 3 of 5
Anonymous
Not applicable

Re: Intensions with a judgment

You need to try and work out payment arrangements ASAP, and even if they won't work with you start sending voluntary payments.  Once they get the paperwork rolling you're SOL (and I don't mean statute of limitations).

Message 4 of 5
RobertEG
Legendary Contributor

Re: Intensions with a judgment

Their immediate intention was most likely based on impending expiration of SOL, which would have precluded future ability to obtain assistance of the court in collecting the debt. They dont want to lose the ability to use the courts as part of their efforts to collect.

 

A judgment is a requisite first step in pursuing further requests to the court to order specific payment of the judgment, such as by attaching assets or garnishing pay.

By filing prior to expiration of SOL, they leave their options open, and the debt does not become time-barred.

 

Hard to say if or when they might take the step to motion the court for specific satisfaction of the judgment.

 

 

 

Message 5 of 5
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