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Can A Creditor Get A Judgment?

Even though creditors may get judgments (court orders saying debtor owes the money), creditors may not be able to collect. If the debtors don't own a home, are unemployed, don't have money in the bank, and other possessions aren't worth much, they may be "judgment­proof" (the creditor can't force payment). The debtor can't be put in jail for not being able to pay their debts. Even after getting a court judgment, the creditor can only collect by going after their wages and bank accounts (garnishment) or by taking the debtors property (execution). In either case, creditors can't take everything. There are laws setting limits on the amount of the property and wages that creditors can take. Generally, a creditor who has gotten a court judgment against debtors can take some of their property if they own a home with more than $6,500.00 equity (current market value minus amount owed) or have belongings worth more than $1,500.00. If they rent, up to $2,500.00 worth of certain belongings (such as a car) may also be exempt. A judgment creditor can't garnish wages if the debtor makes less than 30 times the minimum hourly wage per week.

Other Nebraska Collections-Creditors Rights FAQs

  • Q: Can A Creditor Sue?
    A: Yes. The costs usually include court filing fees, a lawyer's fee, the sheriff's fee, possibly a collection agency fee, plus hours of the creditor's time. Even if the … More
  • Q: What Is A Voluntary Wage Assignment?
    A: A voluntary wage assignment is a written contract in which the debtor agrees that a certain amount will be deducted from their paycheck to pay the creditor. Because it … More
  • Q: Does A Creditor Have To Be Polite?
    A: Sometimes creditors may be rude, offensive, or threatening, it never helps .The creditor may be using this rude behavior intentionally to provoke the debtor into … More
  • Q: Can A Creditor Add A Penalty Clause?
    A: Sometimes a creditor will refuse to believe the debtors promises of payment. This often happens if the debtor has been unable to keep up with a previous payment … More

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