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  1. #1
    Member whattodo's Avatar
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    If CC company already has a judgment, do they have to

    If CC company already has a judgment, do they have to notify you before placing liens, garnishing wages, or putting levy on bank account?

    Citi got a default judgment on a family member. is there any advanced warning where this person can fight any of these actions or not?

    ...and no it is not me...no judgments against me...I'm going BK before that happens.

  2. #2
    LoanSafe Guide Evan Bedard's Avatar
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    If CC company already has a judgment, do they have to notify you before placing liens, garnishing wages, or putting levy on bank account?

    Citi got a default judgment on a family member. is there any advanced warning where this person can fight any of these actions or not?
    From my understanding they should send a notice before garnishing wages, filing a lien, levying account, etc.. After any judgment they can bring you into Court to disclose assets which they can get once they have a judgment. The Court doesn't care about financial hardship. The credit card company has to prove the debt but if they do it is often an easy judgment for the credit card issuer to get. If sold to collection agency harder to prove the debt and the transfer but very complex to try and defend in Court.

    Here are some other threads with members who have experienced this same issue after defaulting on their credit cards.

    can a creit card company freeze your bank account without a court order HANDED to you?Capital one- Time issue here.

    Who has stopped paying their credit cards and what happens?
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

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  3. #3
    Senior Member bankwhipped's Avatar
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    Quote Originally Posted by whattodo View Post
    If CC company already has a judgment, do they have to notify you before placing liens, garnishing wages, or putting levy on bank account?

    Citi got a default judgment on a family member. is there any advanced warning where this person can fight any of these actions or not?

    ...and no it is not me...no judgments against me...I'm going BK before that happens.
    I would immediately take all money out of bank accounts as they can and will attach them if they know where they are.
    As far as wage garnishment, I'm not sure it may have to do with your state laws and head of household laws. If the individual is head of household he/she may have some protection against garnishment but no warning, they would send the employer a demand for garnishment which the employer must comply with.

    If they know or are able to locate assets (cars, toys, investment properties etc.) and/or bank accounts, I am 99 percent sure they would not notify you they would immediately seize those assets or accounts to satisfy their judgement without advance warning. The warning was given when the judgement was awarded.

    I am not an attorney and this is only my understanding of judgements FWIW.

  4. #4
    Member topock's Avatar
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    Quote Originally Posted by bankwhipped View Post
    I would immediately take all money out of bank accounts as they can and will attach them if they know where they are.
    As far as wage garnishment, I'm not sure it may have to do with your state laws and head of household laws. If the individual is head of household he/she may have some protection against garnishment but no warning, they would send the employer a demand for garnishment which the employer must comply with.

    If they know or are able to locate assets (cars, toys, investment properties etc.) and/or bank accounts, I am 99 percent sure they would not notify you they would immediately seize those assets or accounts to satisfy their judgement without advance warning. The warning was given when the judgement was awarded.

    I am not an attorney and this is only my understanding of judgements FWIW.
    ok, how long does it take for a collection agency to get a judgment? what are the steps they take?
    I got my first letter from a collection agency today, saying I either pay or dispute the debt within 30 days,.

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