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under same question for Arkansas and statute of limitations on credit card debts. As my debt is a little over 5 years old, Can I still get wages, bank accounts garnished or a lien on a property? or the debt collector needs to win a court judgment first in order to have one of those actions take place? does a court judgement starts with a lawsuit or I can get a judgement without me being notified about that and if I am not being present at my hearing or the judge rules on the debtors side without me being present? Thanks, Ron
State/Country of Question: Arkansas Already Tried: Can you please reply to all my questions at once? Kind Regards Ron
Enforcement cannot happen without a judgment. sometimes judgments are entered and garnishments begin without notice to you. If that happens you go to court and make a motion to vacate the judgment and the garnishment.
Does a court judgement start with a lawsuit? or I can get a judgement without a lawsuit?
It begins with a lawsuit.
so, this means that I get to know that something is coming my way. As my debts are over 5 years old and in Arkansas Credit Cards have a 3 years statute of limitations the debtor needs to prove that the debt is less than 3 years in order to win. and they automatically win (I believe ) if I do not respond to the lawsuit or I am not present at my hearing, is this right?
That is correct but you should appear in court when you get notice. The default wont be vacated if you intentionally do not go to court
so, then is there an explanation for which zombie debt collectors threat to sue even if they would not win? is this because people get scared and they fall in the hands of the debt collector and just do not respond back to the lawsuit or you do not appear in court. many times they impersonate court officers or even the police saying that you would need to be prepare because they are coming to get you and go to prison or have your wages, bank accounts garnished or put a lien on property. I believe this tactics is to get peopled scared and fall into their game, is this right?
That is correct. Sometimes creditors engage in improper collection practices. You can report them to the dept of consumer affairs and state attorney general office. Kindly accept my answer.
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