Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I'm the debtor and I won my small claims case. The defendant

Customer Question
Second opinion] I'm the debtor...
Second opinion] I'm the debtor and I won my small claims case. The defendant has a credit loan with a bank, would that be an asset that I can levy as a bank levy? Is that another form of their asset?JA: What state is this in? And when did the issue begin?Customer: I live in NJ and the defendant lives in NY. This issue began a few months ago.JA: Has anything been filed or reported?Customer: Yes.JA: Anything else you want the lawyer to know before I connect you?Customer: The bank the defendant has a bank loan with is Discover bank. The only branch location Discovery has is unfortunately located in Delaware. I know levying a bank in that State is not allowed, so I'm not sure if I can even levy any account in that state.
Submitted: 28 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 day by:
11/19/2017
Lawyer: Legal Eagle, Lawyer replied 26 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,528
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 24 days ago
Hello, I sincerely ***** ***** patience with this question. I unexpectedly and surprisingly had to leave town on short notice for a person matter. However, you are still my number one priority. This means that I won't be able to engage in a conversation with you today, but does mean that I will be able to get back on tomorrow and you will have my full attention. I promise. I take care of my customers and I will take care of you. I appreciate your patience and apologized tremendously for the inconvenience. I will be sure to work with you soon.
Ask Your Own Legal Question
Customer reply replied 24 days ago
No problem. Thank you!
Lawyer: Legal Eagle, Lawyer replied 23 days ago

Thanks so much for your patience on this. Again, I apologize sincerely. So, here is some information regarding your question. Loans themselves are going to be considered assets. The underlying asset is going to be the asset. For example, a bank will hand out a home loan, but the home is the underlying asset itself, not the loan. Another example would be a car or some other asset that the loan was used to pay for. Sometimes, a person can get a lien on that asset wherein after the original debtor is paid, the defendant will also have to pay the other person if they sell that asset. For instance, if they have a home worth $100,000, owe $20,000, and owe a judgment of $10,000, when they sell the home the $20,000 will go to the bank, $10,000 will go to the creditor, and the rest to the homeowner.

What other questions did you have for me today?

Ask Your Own Legal Question
Customer reply replied 23 days ago
Thank you for your reply. The loan is not for an underlying asset such as a home or car, it's for personal use. Like a credit card, or credit line. I know the branch location of the bank, can I still get a court officer to levy the account of the defendant? Also, how can I summon the defendant to court to fill out the information subpoena? Or can I send the subpoena through mail via a lawyer? This is a small claims case.
Lawyer: Legal Eagle, Lawyer replied 23 days ago
In my experience, there has to be an underlying asset like cash, a car, a home, or something of that nature. Typically, when you file for a writ of attachment like this, you have to have it served similar to when you file a lawsuit. They're required to respond to the subpoena as well.
Ask Your Own Legal Question
Customer reply replied 23 days ago
I live in another state than the defendant, so can I use the full faith and credit clause to file my judgment in an out of State court and then execute in that State? If so, what documents would I need to file that clause?
Lawyer: Legal Eagle, Lawyer replied 23 days ago
As far as what docs to file to file your judgment, unfortunately, I can't tell you that for sure because procedures can differ even by county. I'm very sorry. However, my recommendation would be to get the writ of attachment in the state where the judgment was filed because the defended is still under the jurisdiction of the previous judgment.
Ask Your Own Legal Question
Customer reply replied 23 days ago
The judgement was filed in my state, not theirs or another state. So I would not need to get a writ of attachment correct? What do you mean by the defendant is still under jurisdiction of the previous judgement? There's only one judgement that was filed, in my state.
Customer reply replied 23 days ago
Also, regarding the full faith and credit clause paper work, are those information provided by the court houses? Would I have to file it through a lawyer or attach it to the current judgement myself?
Lawyer: Legal Eagle, Lawyer replied 23 days ago
Correct, you won't need to get a writ of attachment in another state. You would only need to get a writ of attachment in the state with the different was filed serving on the defend it. The reason that the the defendant is under that jurisdiction is because the Judgment was entered in your state. Also, if you were to authenticated ready in a different state you will not get a lawyer to do it. You may need to do some research or to contact the court to find out how to do it specifically, but a lawyer is not necessary.
Ask Your Own Legal Question
Customer reply replied 23 days ago
34;You would only need to get a writ of attachment in the state with the different was filed serving on the defend it." "Also, if you were to authenticated ready in a different state you will not get a lawyer to do it." What do you mean by authenticated ready?
Sorry but I didn't understand what those two sentences meant. Yes, the jurisdiction is in my state and the court had already sent the judgement to a court officer in my state. I was told that being that the defendant lives in another state, the court officers can't cross state lines when implementing certain judgement, however if I were to file or attachment the full faith and credit clause to the judgement, then will the court officers in my state be able to file those judgement on the defendants assets that in their state. Like the bank account, house, car etc.
Lawyer: Legal Eagle, Lawyer replied 23 days ago
I'm sorry let me clarify. I was using the text to speech. What I meant was that you can get a writ in the state where the judgment was filed. You don't need to get it in the defendenat's state. Depending on your jurisdiction, you ordinarily don't need the sheriff to serve, but it depends on your state. You can go to www.thumbtack.com and hire a process server to do it. If the state requires that a sheriff's officer do it, then you'll need to file for the writ in the state where the defendant lives and have their sheriff service the defendant there.
Ask Your Own Legal Question
Customer reply replied 23 days ago
Would I have to contact the defendants state superior court and file a foreign judgement through them? Also, can I file an information subpoena to the defendant through a process server?
Lawyer: Legal Eagle, Lawyer replied 23 days ago
you should contact their court. And yes, you can serve the info subpoena through a process server.
Ask Your Own Legal Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8,775
8,775 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
I won a small claims judgement over 20 years ago. The debtor
I won a small claims judgement over 20 years ago. The debtor never paid the debt. I contacted the Dept. of Motor Vehicles and set out many information subpoenas but have not bee able to locate assets.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
I live in Kansas and I need to file a small claims action
I live in Kansas and I need to file a small claims action against a person who lives in another state. Should I file this in Kansas? … read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
I am filing small claim court Hillsborough county ,Florida.
I am filing small claim court Hillsborough county ,Florida … read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,763 satisfied customers
I am a plaintiff in small claims court and was given a
Second opinion] I am a plaintiff in small claims court and was given a default judgment against debtors who did not appear in court. Now there is a motion to set aside the judgment. What are my rights… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
When a federal court concludes that it lacks subject-matter
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in its entirety." Do they mean, remand it to state court if it has been … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
226 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 satisfied customers
I'm the debtor and I won my small claims case. The defendant
I'm the debtor and I won my small claims case. The defendant has a credit loan with a bank, would that be an asset that I can levy as a bank levy? Is that another form of their asset? … read more
Bill Attorney
Bill Attorney
law
1,490 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
945 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,943 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
When requesting documents from the federal court, they ask
When requesting documents from the federal court, they ask whether you want the documents certified or not. What's the legal difference from receiving documents from the court that have been certified… read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
I just received a subpoena today from the Federal Court in
I just received a subpoena today from the Federal Court in the Eastern District of North Carolina to give a deposition testimony as a witness in a federal civil lawsuit at an attorney's office in Rale… read more
Legal Eagle
Legal Eagle
Lawyer
6,528 satisfied customers
Small Claims: Basics of the situation, loaned a very dear
Small Claims: Basics of the situation, loaned a very dear and close friend a sum of $5,000 ($3,000 October 2016, $1,000 Jan. 2017, $1,000 March 2017). Friend and I have a history of loaning each other… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x