Do you have a Judgment against you or lien against your property?
You didn’t even realize you were sued and now all of a sudden you have a judgment against you. This can be very frightening and stressful, as you may not know who to turn to, to get the best possible help in resolving the judgment or lien.
Well, here at Tayne Law Group, we are proficient in resolving judgments in a number of different ways. Let our experienced staff talk to you today about how we can get your judgment or lien thrown out or resolved through settlement.
What is a Judgment?
A judgment is a type of lien that is attached to a debtor’s real or personal property without their consent. The judgment is intended to pressure a debtor to ultimately transfer money from a debtor to a creditor through a court’s enforcement.
How Do Creditors Obtain Judgments?
A judgment is granted to creditors who have previously sued a client in their county or state courts and then wins a judgment against the debt that is owed.
What are the Types of Judgment Liens that a Creditor Can Obtain?
There are a few ways that creditors can obtain their uncollected funds through a judgment:
Real Property: if a consumer has a lien as a result of a judgment on their house, condominium, vehicle, or similar kind of real property, during the sale of that real property, the creditor with the judgment will be entitled to a portion of the proceeds.
Garnish Your Wages: another way a creditor can obtain their uncollected funds is going directly through a debtor’s employer. A judgment will allow the creditor to collect funds directly from the debtor’s paycheck through the employer until the amount due and owed is satisfied.
Freeze Your Bank Account: instead of going through a debtor’s property or employer, a creditor can go directly to a debtor’s bank and freeze or restrain their account. In other words, a debtor would not have access to a certain percentage of funds in their account.
Frozen Bank Accounts
What is the Purpose of Restraining a Bank Account?
Once a bank account is frozen, the creditor can hire a Marshal to either take the monies due and owing out of the account themselves or have the bank send a check to the creditor or the creditor’s attorney from the funds in the account.
Can They Take All My Money?
There are certain types of monies called exempt funds that cannot be touched after a judgment is entered and a bank account is frozen. Examples of exempt funds include:
Will I Be Notified That My Bank Account Will Be Frozen?
Unfortunately, the creditor will not give a debtor any notice that they will be restraining their bank account.
How Can Your Firm Un-Restrain My Bank Account?
There are a few methods we can do to un-restrain your bank account.
-Negotiate directly with the attorney’s office to try and settle.
-File legal documents to get the account released and possibly get the entire matter thrown out.
Your Goals and Finances Must Run on Parallel Tracks