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The judgment creditor may also seek to execute the money judgment against intangible property, such as bank accounts, accounts receivable, and other debts owed to the judgment debtor by third parties. The creditor must request that the clerk of the court who issued the fi fa follow this up by issuing a "summons in garnishment" directed against ...
Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds that property (the "garnishee"). [ 1 ]
Most wage garnishment. If you’ve filed for bankruptcy, an automatic stay will stop most wage garnishment, except garnishment related to child support, alimony and certain tax debts. Depending on ...
The judge renders judgment, ordering the mortgagor to pay the debt within a period of 90–120 days. If the debt is not paid within the said period, a foreclosure sale satisfies the judgment. [ 47 ] In an extrajudicial foreclosure, the mortgagee need not initiate an action in court but may simply file an application before the Clerk of Court to ...
Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case. In some jurisdictions (e.g., California), [2] a case cannot begin after the period specified, and courts have no jurisdiction over cases filed after the statute of limitations has expired.
With federal student loans, wage garnishment can continue until your loan balances plus interest and fees are paid back, but it can also end if your loan is removed from default. The federal ...
A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered. [ 2 ] Foreign attachment procedures have existed from time to time in Scotland , where it was known as arrestment ; in France , where it was known as saisie arret ; in the U.S and elsewhere.
Most debts in Ontario and Alberta are subject to a limitation period of two years. In most other provinces the limitation period is six years. After the corresponding (two or six, depending on province) anniversary of the last formal intention to pay the debt, neither the collection agency nor anyone else has legal authority to collect it. [22]
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