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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33147
Experience:  Began practicing law in 1992
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once a default judgment is granted, what can be done to enforce

Resolved Question:

once a default judgment is granted, what can be done to enforce it if there is no money to pay it. i'm talking about at least 75000 worth of unsecured credit lines. the debtor is not able to work and has only a limited income.
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
Do they own any property of any significance?
Customer: replied 6 years ago.
just a recorded mortgage note valued at 290000 @ 5% as of 2003. the note generates 1562 a month with capital gains attached. if the debtor accepts the default judgment, cahey go AFTER THE NOTE AND FORCE SALE?
Expert:  Dwayne B. replied 6 years ago.
The debtor is being paid on a mortgage?
Customer: replied 6 years ago.

yes, the debtor has the 1562 per month plus s/s of 1225. if the debtor accepts the default judgment no contest, and there will be others that follow suit, does the note come into play? in Loouisiana isn't there a time limit on judgments?>

 

Expert:  Dwayne B. replied 6 years ago.
There is a time limit that judgments are good for. It used to be either 7 or 10 years, but I haven't looked lately. I don't expect it has changed. However, the creditor could get a garnishment order for the right to receive the payments for the amount of time necessary to satisfy the judgment. That way the judgment wouldn't expire since the garnishment order would be entered while the judgment was still active.



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Customer: replied 6 years ago.
I need a specific answer to whether or not social security and the income from the note can be attached if debtor does not contest the default judgment and have to fill out financial statements. we have head that it is one thing to get a judgment and another to collect it.
Expert:  Dwayne B. replied 6 years ago.
Social security cannot be attached. The income from the note can be attached.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



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