Every time that you purchase something on credit, you sign a promissory note. A promissory note applies to purchases made via credit cards as well. This note essentially says that you will make regular payments to pay off the total cost of the item plus any interests over time. A judgment comes into play when you default on your payments and the creditor files suit in a court of law. If the judge determines that you do owe the amount specified in court, the judge can issue a lien or an attachment to your physical property, future earnings or bank account.
Before or after filing suit, creditors will perform a search that tells them about the assets that you own. Anything attached to your name and social security number is fair game. This may include a vehicle that you jointly own with your spouse, your primary or vacation home and your current bank account. If you decline to pay the amount owed or work out a payment arrangement with the creditor, the creditor can legally take your property.
Judgment enforcement is sometimes complicated. Creditors want to get the total amount that you owe, which isn’t always possible. You might owe $16,000 and only have $1,200 in your bank account. The law lets the creditor place a lien on your bank account until you pay your debt. If you do not pay that debt, the judge may later let the creditor seize the account and take the total amount in your account up to the amount owed. Judgment enforcement laws also allow creditors to garnish your wages or take your tax refund until you pay off the debt.
Here at the Law Office of Yuriy Moshes, P.C., many of our clients wonder what happens when they owe more to a creditor than their property is worth. State and federal laws allow creditors to take up to 25% or 50% of what you make every week until your pay off your debts. Losing that money can make living your life difficult or impossible, which is why we offer different types of assistance. Call the Law Office Of Yuriy Moshes, P.C. at (888) 445-0234 today with questions you have about judgment enforcement, to get help filing for bankruptcy or to schedule an appointment for a consultation with us.