Can Creditor have sheriff’s sale of your real/personal property to pay credit card debt judgement in PA?

Question by Dan: Can Creditor have sheriff’s understanding of your real/personal property to pay credit card debt judgement in PA?
Capital one got a judgement against me for 00, simply because i did not receive any summom from them therefore i was unaware of the lawsuit and thus didnt show up in court. anyways, this day i receive a letter from their attorney collection office saying that if i dont pay or make arrangement with them within 10 days, they will have a sheriff’s understanding on my real/ individualized property. I still own a mortgage on my home and still paying my car. So I just want to know if it doable to do that in the say of PA? I worked with the debt settlement company, and they tried to offer settlement with capital one for 50 but was rejected, so if i called them up for payment plan, i only healthy to pay around / month, so do you think they will accept that? or should i again ask them if they willing to accept the 50 offer to settle. Thank you

Best answer:

Answer by Judy
They might even settle for less than that.
Lie to them, tell them you just got your tax refund of 1,500 and that you are willing to settle this day if they accept the offer.
See if you can get them to send you a letter with this settllemnt, and then send them the check.
Tell them that is all you have, and want to pay them before you spend it on something else.
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Can a default judgement be contested or reversed by the Court?

Question by sparkyfirestar: Can a default judgement be contested or reversed by the Court?
Searching court records, I was surprised to find a judgement by default of almost ,000. The Registrar of Contractors petitioned the court for a judgement on my ex-husband and Jane Doe; individually and as husband and wife, dba XXXX Home Repairs. We were married at the time he had the business and we divorced 2 years ago. The Registrar was asking to be paid the amount they paid the homeowners for “unacceptable work.” The court allowed a request to change Jane Doe to my name. The judgement was ordered by the court on me. My ex husband was licensed by the Say Registrar and had a business in his study as “Sole Proprietor”. If my study would of been on the business license, Jane Doe would not of been necessary. He was responsible for the work performed. Yet he is not responsible for the judgement?

Best answer:

Answer by mongoose7485
Some judgments can be fought by challenging their validity. For example default judgments at times can be reversed by claiming the debtor was never served or was ignorant of the facts. Before reversal, however, you must back up the claim with facts. Judgments which include selected requirements can be reversed if the debtor can establish coercion or misrepresentation. Of course winning an appeal in a higher court can reverse a decision as well.

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How To Collect On A Maryland Judgment

How To Collect On A Maryland Judgment

Your business did what it was supposed to do when visaged with a customer or client that owed money for goods or services your company provided under an agreement signed by both parties: You retained an attorney, who then filed a complaint in Maryland say court, or if the agreement called for it, filed an arbitration demand with the appropriate arbitration forum, against the other side on your company’s behalf.

Your business paid the attorney out of its own pocket and did things by the book. The other side might or might not have hired an attorney, and maybe did not take part in the case at all. Your attorney propounded discovery, the other side might or might not have complied with your requests. Your attorney attempted to depose a representative of the other side. You and your attorney showed up in court or at the arbitration on the day of the hearing, the other side might or might not have, and if they did show up, maybe with or without an attorney representing them.

The judge or intermediator sided with your company after a trial or arbitration hearing on the merits, or your company was simply awarded a judgment by default when the other side unsuccessful to appear. In any event, your company was awarded damages, and maybe even attorney’s fees depending on what the agreement at issue said.

But when you left the hearing room that day, unfortunately you did not leave with a check from the other side. Instead, you left with a court’s order, or an arbitrator’s award, merely stating that you won and how much.

So the question now is, how do you actually get paid what the court or intermediator awarded? Often times, the trial or arbitration is not the end, but rather only the mid-way point, of the collection process.

The first thing you must do in this situation is refer the debtor’s assets, as well as determine the value of each, by following Md. Rule 2-633, titled “Discovery in aid of enforcement.” Rule 2-633 says that you might conduct discovery in writing by mailing to the other side no more than 15 questions and requests for documents regarding the assets and other financial information of the debtor. These are known as Interrogatories in Aid of Execution. The debtor has 15 days from receipt to respond to these Interrogatories.

In addition to Interrogatories, Md. Rule 2-633(b) says that you might also petition the court to order the debtor to appear before a judge and answer under dedication your questions related to the indistinguishability of the debtor’s assets. This is called requesting an Oral Examination in Aid of Enforcement of Judgment. Both of the above options might take place no early than 30 days after entry of the judgment.

Should the debtor ignore your Interrogatories or Request for Oral Exam, there are additional measures you might take, including filing to hold the debtor in contempt of court.

Assuming the debtor complies with your written requests or your oral exam, and you have successfully determined what assets the debtor owns and the value of apiece asset, now it is time to turn your attention to actually collecting on the judgment. One option you have is to garnish an individual debtor’s wages, done by filing a Request for Garnishment of Wages form with the court. You will then receive the garnished consequence within 15 days of apiece of the debtor’s pay periods.

A second collection option is garnishing an individual or corporate debtor’s bank account. This is accomplished by filing a Request for Garnishment of Property Other Than Wages form with the court, using the financial information you gathered in your Interrogatories or Oral Exam. After 30 days, you must file an additional form, a Request for Judgment Garnishment.

Yet another collection option is seizing a debtor’s property or real estate, then selling it to help satisfy your judgment. Doing so requires the recording of your judgment in the circuit court for the county where the property is located, complete and file a Notice of Lien, and then file a Writ of Execution. This process if more complicated and time consuming than either garnishing consequence or a bank account. Retaining a competent business attorney to help you in your collection efforts is a smart move.

Read “How to Collect on a Maryland Judgment” on Maryland LawBlogger.com

Have legal questions on franchising? Contact Raymond McKenzie at 301-330-6790 orray@mckenzie-legal.com

If a company received a default judgement against me, can they take property, investments held with boyfried?

Question by metropolis D: If a company received a default judgement against me, can they take property, investments held with boyfried?
If a default judgement is received by Unifund Partners CCR against someone, can the judgement creditor take investment accounts and property held jointly with your boyfriend?

Best answer:

Answer by OG
Yes

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