If the judgment is not renewed, it will not be enforceable any longer and you will not have to pay any remaining amount of the debt. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out. Money judgments automatically expire (run out) after 10 years. Doing this is fairly expensive, so unless your personal property is worth a lot, it is not in the creditor’s interest to follow this procedure. The creditor can have the sheriff take your personal property and sell it at public auction to pay the debt.
Judgment or judgement how to#
Learn more about non-wage garnishments and other levies and how to ask for a claim of exemption. The court then may have a hearing to decide whether to turn all or some of the money over to the creditor or let you keep it. If you do, the creditor then has the right to oppose it. You have to file a Claim of Exemption ( Form EJ-160) to try to stop this. You have 10 days to oppose the bank levy before the sheriff sends the money to the creditor. The creditor will need to know the branch where the account is kept and, usually, the account number as well. The creditor can get a levy on your bank account. Learn more about wage garnishments and how to ask for a claim of exemption.Ĭlick if you are an employer and received a wage garnishment order for an employee.
If you do file this claim, the creditor has the right to oppose it. If the creditor gets an Earnings Withholding Order and sends it to your employer, you have 10 days to file a Claim of Exemption ( Form WG-006). A wage garnishment does not work against someone who is self-employed. This only works if you are employed by someone else. The creditor has the right to collect up to 25% of the amount over the federal minimum wage that you earn (as long as it is not exempt under other rules). If you are employed, the creditor can get an Earnings Withholding Order to garnish your wages until the debt is paid. This only works when there is enough equity in the property to pay all the liens as well as the costs of foreclosure. This means that the creditor forces you to sell the property and pay what you owe with that money. If the creditor chooses not to wait for you to sell or refinance the property, the creditor can try to “foreclose” on the judgment lien.
Judgment or judgement plus#
This way when you try to sell or refinance your home, the creditor can get paid the judgment plus accrued interest from the escrow. This can convert the judgment from an unsecured debt to a secured debt. The creditor can file a lien on your property. Tools creditors can use to collect a judgment or at any time or place that is not convenient.
The creditor cannot use illegal ways to collect the judgmentĪs a debtor, you may be protected from abusive or unfair ways to collect the debt.
But the court will issue the orders and other documents required to force you (the debtor) to pay. The court will not collect the money for the creditor. There is no stay (suspension or postponement) on enforcement of the order due to an appeal, a stay from a bankruptcy case, or other legal action.You can check the court records to confirm that that the judgment has been entered and If the judge makes a decision in favor of the plaintiff (the credit card company), the plaintiff (now called a judgment creditor) can start collecting the judgment right away as long as:
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