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    MsSusan's Avatar
    MsSusan Posts: 1, Reputation: 1
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    #1

    Feb 28, 2014, 09:37 AM
    Ruled Judgement
    A ruling was given to the Plaintiff against me for a judgement of a debt that was sold off to another company that was almost four years old that totaled almost $6500 with the fee's and late charges that they accessed. I only use this card to total about $2500, but with health and hardships that left me unable to pay, the court still ruled against me. Not being able to pay this amount anytime soon, will they take from my direct deposit or take a lien against my home, its homestead?
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #2

    Feb 28, 2014, 09:41 AM
    What state are you in for clarification of applicable laws?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Feb 28, 2014, 10:28 AM
    Assuming you are in the USA... they already won the suit... all they need to do is get a writ of Garnishment from the court... I also assume they have done this already . You spent the money... you owe the money.

    By simply remewing it periodically... they can take it from any account you will ever have. Until the day you die (there are very few income sources that are exempt from it)... and then get it from your estate at that point.
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #4

    Feb 28, 2014, 10:58 AM
    Some states don't allow wage attachments or liens on primary residence, so whatever state you reside in is crucial.

    In some states, like Texas you can sue to have a lien removed at the expense of the collector.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 28, 2014, 11:05 AM
    First, I'm a little confused by your terminology. Where are you getting the term "ruled judgment" from. You referred to a "card" so I'm assuming this was a credit card. The fact that the originally creditor sold it to another company is immaterial. Debts are sold all the time.

    The bottom line here is that you incurred a debt and didn't pay it. "[COLOR=#333333]health and hardships" are not valid legal reasons for not paying a debt. it is very possible for interest and fees to accrue and and more than double a debt. [/COLOR]

    So the owner of that debt filed suit and obtained a judgement. They can now use that judgement to attempt to collect the debt. They can obtain a writ of execution against your assets, which would include a bank account. If the money being deposited in that account is solely from an exempt source you should tell your bank. Whether they can place a lien on your home depends on local laws. Most areas exempt some portion of the home's value from debt.
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