Is there a way to stop creditors from harassing me? [0]

What is the “Fair Debt Collection Practices Act?” [0]

What is a Complaint and what is a Summons? [0]

What is an Answer and what is a Default Judgment? [0]

Can a creditor take my house or other property if I don’t pay an unsecured debt? [0]

Will I go to jail if I don’t repay an unsecured debt? [0]

What is a judgment and how can a creditor collect on a judgment? [0]

What is a wage garnishment? [0]

What is a bank levy? [0]

What is a judgment lien and how is it created? [0]

Are there any special protections afforded to those in the military? [0]

Back to Top [0]

FDCPA FAQ [1] page.

For more information about local debt collection and consumer protection laws, please select your state from the menu on the left.

Back to Top [1]

Sample Summons and Complaint documents [2]

Back to Top [2]

click here [3] for a great resource from an organization based in Washington. Although it addresses Washington residents, much of the information is generally applicable to residents in other states. Of course, you will need to consult an attorney licensed to practice in your state if you have any questions specific to your situation. Although it is not intended to be a substitute for contacting an attorney, you may also post your question on the forum by clicking here [4].

Back to Top [4]

Back to Top [4]

Back to Top [4]

Back to Top [4]

Federal law [5] only allows up to 25% of a debtor’s disposable income to be garnished. However, that percentage is a ceiling, or maximum. Some states permit a significantly lower percentage (e.g., California allows no more than 10%). Additionally, some judges may award a garnishment at a much lower percentage of net income than allowed under state or federal law when dealing with someone experiencing legitimate financial hardships.

In some states, neither the judgment creditor nor your employer are required to give you notice prior to garnishing your wages. However, it may be illegal, depending on the circumstances, for an employer to fire you because your wages have been garnished [6] unless your wages from the same employer are garnished for three different judgments during a twelve-month period. Ultimately, you should consult an attorney for handling of such matters because, as indicated above, laws vary greatly from jurisdiction to jurisdiction.

Back to Top [6]

Back to Top [6]

judgment lien [7] is a lien a judgment creditor may be able to obtain against the real or personal property of a debtor. If the debtor sells property that is subject to a lien, the amount of the judgment lien is satisfied at the time of the sale -- before the seller/debtor hands over the title to the buyer. In other words, generally, a judgment lien is something that is placed on or attached to a debtor’s property and is paid off once the debtor sells the property.

Generally, a judgment lien placed on judgment debtor’s real property remains in place until either the statute of limitations for the lien runs or the debtor sells their property.

Typically, a judgment creditor will only place a lien on the property (e.g., the house) of a judgment debtor after obtaining a judgment against the debtor and the debtor either refuses to pay or is unable to pay the judgment.

Back to Top [7]

Service Members Civil Relief Act of 2003 (SCRA) [8] is a federal law that provides important rights to military personnel when they enter active duty. If you have any questions about the SCRA, you should speak with your base Judge Advocate General.

Back to Top [8]