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How can the court force one to pay the judgement? Can wages

 
socrateaser's Avatar
  • Answered by:socrateaser
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Customer Question

How can the court force one to pay the judgement?

Can wages be garnished?

Can one's passport be revoked?

Can one still own home and not have to sell it?

 

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Country relating to Question: United States

Submitted: 298 days ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

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Expert:  socrateaser replied 298 days ago.

Hello,

Different contributor here. Please permit me to assist.

Before I answer your questions, I need to correct an error in the previous answers you received. The RICO Act covers a lot of legal territory. In order to determine whether or not a debt could be discharged in bankruptcy, it is necessary to determine the underlying reason for the criminal judgment of conviction. The reason for this is because a judgment based upon a "willful and malicious injury" caused to another can be discharged in a Chapter 13 bankruptcy (but not in a Chapter 7 or Chapter 11). However, because there are a lot of other criteria involved in making a clear determination of dischargeability, I will not go further into this issue, because it is far more complicated than all of your other questions combined. I'm just making sure that you are aware that this issue may not be entirely foreclosed by the previous answer you received. That said, you asked:

How can the court force one to pay the judgment?

A: Garnishment, execution, in some cases contempt, revocation of probation and imposition of the original sentence, in other cases, a turnover order. A lot depends upon the state jurisdiction in which the debtor resides, because the federal court must enforce judgments using the state law in which enforcement occurs.

Can Wages be garnished?

A: Yes, up to 25% of after tax wages can be garnished, unless the debtor resides in PA, NC, SC, TX and in some cases FL -- where garnishment is unlawful. Also, for child and spousal support/alimony/maintenance orders, up to 50%-65% of after-tax wages can be garnished, but no more than 50% without a separate court order.

Can one's passport be revoked?

A: Only if the debtor is more than $2,500 is arrears in unpaid child support.

Can one still own home and not have to sell it?


A: The answer here depends on the state in which the home is located. Most states have a homestead exemption that limits forced sales of a debtor's principal residence -- however the exemptions vary substantially from one jurisdiction to the other. See this link for a listing.

Hope this helps.

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Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 99.1 %
Accepts: 1537
Answered: 6/28/2012

Experience: Attorney and Real Estate Broker -- Retired (mostly)

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