What can a creditor do to me who has a judgement against me but andI own no properties and have no checking account?

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What can a creditor do to me who has a judgement against me but andI own no properties and have no checking account?

Asked on February 23, 2012 under Bankruptcy Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are fortunate in that your state, North Carolina, does not allow wage garnishment (except in very limited cases, such as tax debt, student loans, alimony, or child support), so the creditor may not garnish your wages. With no real property, it cannot put a lien on any real estate. It could try to levy on a savings account--levying on acocunts is not limited to checking accounts; it might also be able to execute on personal property, which means it may be able to force the sale of some of your belongings, like vehicles (e.g. cars, boats, ATVs, etc.), furniture, appliances, or electronics (e.g home theatre system). To do so, it needs to be aware of the property, but has some mechanisms it can sue to find information; also the property must be worth enough to make this worthwhile.

Note though that judgments can be enforced for many years, so if you later acquire real estate, inherit money, etc., the creditor may be able to take action to collect from you later.


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