W. J. Winterstein Jr.'s answer If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.
Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections to that execution, claiming the exemption, with the Sheriff to whom the writ of execution issued. Don't delay in the filing of objections, as I believe you have only ten days to do so.
Peter N. Munsing's answer if you don't want to consult a lawyer, then assuming the time for them to appeal has run, go for a writ of execution with a wage loss attachment if they are working--that way you get the money, not an item that then has to be sold. The Sheriff's office for the county should help you.
D. Nathan Davis' answer The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....
Adam Savett's answer It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered a deceptive practice, and that might violate Florida's consumer protection law.
"MasterCard does not permit merchants to set a minimum transaction amount to accept...
Trent Harris' answer Medical bills are unsecured debt. If they are not paid, you can be sued and a judgment can be entered against you. A judgment creditor has a number of remedies, including garnishing wages, tax refunds and bank accounts, seizing property, putting liens on real property you own, and requiring you to come to court for creditors examinations under oath. It sounds like the advice you were given was not good advice. If the bill is yours, you will need to find a way to deal with it. I would not ignore...
Ecleynne Mercy's answer In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.
Paige Kurtz's answer At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.
Trent Harris' answer What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?
Despite the bill being in his name, you may still owe the money if you don't want your water turned off. I would speak to the town office to get the bill fixed, and you may very well have to pay the past-due balance because it was for services you used. If you had to pay...
D. Nathan Davis' answer A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.
The sheriff will ask you to pay the judgment, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...
Trent Harris' answer If the suit was filed properly in state court, it should be filed in the county in which you live. Call the district court and the circuit court for your county, and ask if a lawsuit has been filed against your name. Or, if the county where you live has an online site where you can search court records, you could find out that way. If the suit has been filed in federal court, then it would be for the Eastern or Western District of Michigan federal court, depending on the county you live in....
Kevin M Rogers' answer If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.
This means service has been effectuated upon you and your responsive pleading was already due by now.
The defendant has now requested a default to be entered against you and this will happen unless you file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position...
Trent Harris' answer No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.
Kevin M Ryan's answer Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless
Gregory L Abbott's answer Assuming there is no Judgment against you that is trying to be collected upon, you may well have a 6 year statute of limitations, running from your last partial payment or last legitimate charge on your bill. IF it truly is past the statute of limitations, and you are being harassed by a collection agency, you may have claims for unlawful debt collection practices. The only real way to know much is to simply gather everything and review it all with a local collections or consumer law attorney.
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