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What is the difference between a Judgement debtor and a creditor?
After a judgment, you will see the terms judgment-creditor and judgment-debtor on court forms. This means that you are either owed money (so you are the creditor) or you owe money (youre the debtor). The creditor must collect the judgment. The court does not do it for you.
What happens at a judgment debtor exam?
A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment. What do the questions cover? The questions are limited to inquiries about your property, assets, debts, and income.
What is debtors process?
Debt collection is the process by which lenders or third-party debt collection agencies pursue repayment of money owed by individuals or businesses. Debt collection typically starts after a borrower has missed enough payments to formally default on a credit card balance or loan.
What happens if a debtor fails to pay?
If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can garnish your wages. An Earnings Withholding Order (WG-002) tells your employer to send a portion of your paycheck to the Sheriff instead of you.
What is the meaning of judgment debtor?
Judgement debtor is defined in Section 2(10) of CPC. Judgement-debtor means any person against whom a decree has been passed or an order capable of execution has been made. The definition does not include legal representative of a deceased judgement-debtor.
debtor's examination
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At a debtors examination, the creditor can ask you about your financial situation. You must answer the questions under oath. This means there can be legal penalties if you lie. They can ask things like where you work, what you earn, where you bank, and what property you own.
What happens after a debtors exam?
After the examination, the creditor can try to collect the money using the information they got about what you earn and own. If they try to collect from your bank account or paycheck, you may be able to stop or limit whats being taken. You will get a notice if this happens.
judgement debtor
11 U.S. Code 343 - Examination of the debtor
The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title.
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