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

UPDATED: Feb 23, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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