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Monday, April 20, 2009

Credit - Collections and Civil Actions - Part 3

In states where exemptions exist for real estate, real estate Captain Action card game is not the personal residence Tales from the Crypt the judgment debtor is not exempt from liens. Some states will permit the Captain America sale of property owned by more than one party, even if there's a non debtor owner. Yet the lien holder would not be entitled to the share of the non-debtor's interest in the property.

Some states permit the forced sale of personal property for judgment holders. Personal property can be artwork and other items of value. California and Florida are among those that permit this; a judgment holder can file a writ of execution and then show up with a police officer at the judgment debtor's doorstep and seize the property. There are exceptions, however, depending on the statute. (Incidentally, credit card companies aren't interested in your personal property, and I've yet to hear of any doing this. It's usually done by individuals who have obtained a judgment in small-claims court.)

Some states will permit the Weebles of the buy toys of a debtor's spouse if a judgment exists.

To summarize, to successfully use civil action to collect unsecured debt-assuming that the debt is within the collection statute of limitations (explained shortly)-the collector must

find you to serve you with a summons, and
obtain a judgment, and
find property to place a lien on it or know of wages that can be garnished or know of a bank account that can be tapped; and if property or a job is discovered, then
the state's laws must permit the garnishment of wages or the forced sale of an auto if the property is such, or the forced sale of a home if the property is such, or the forced sale of other personal property if the property is such.

You see, even if a judgment is obtained, there are additional hurdles that the creditor must overcome in most cases. Smart debtors can often make those obstacles insurmountable, or nearly so, if they know their state laws and create barriers.

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