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?
Country relating to Question: United States
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. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/Gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Attorney and Real Estate Broker -- Retired (mostly)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).