Articles
- Factors That Contribute to Credit and Debt Trouble
- The Cost of Using Credit
- Compounding Interest & Compounding Troubles
- When It Comes to Using Credit for Day to Day Expenses
- How Did We Get So Close to the Financial Edge?
- Take the First Step with Your Bills and Credit Card Debts
- Credit and Debt Problems Created in College
- Home Mortgage Payments: Keeping Your Home or Facing Foreclosure?
- Things to Think About If You Are Getting Behind On Your Mortgage
- What is Mortgage Foreclosure?
- Mortgage Foreclosure Alternatives
- Mortgage Foreclosure Scams to Be On the Lookout For
- Finding the Money to Pay Down Your Debt
- Getting Professional Help
- Questions to Ask
- Debt Collectors and Your Rights
- What Happens if a Creditor Takes You to Court?
What Happens if a Creditor Takes You to Court?
Until a collection agency sues you and wins they can’t legally take anything you own to pay off your debts. However, once the agency sues you and wins, they obtain a “judgment” against you they can take your “nonexempt” property to collect against your debt. What is nonexempt property?
- Personal savings (bank accounts, stocks and/or bonds, CDs, money-market funds)
- Valuable collections
- Vacation or investment properties
Possessions that are considered exempt, meaning that a creditor is not allowed to sell these items to satisfy your debt, are:
- Your house
- Your retirement savings accounts (i.e. 401(k)s, some qualified IRAs)
- Up to $30,000 of an individual’s property or $60,000 for a family
- Social Security income
- Disability income
- Unemployment income
- Welfare
- Alimony and child support
- Your car
- Clothes
- Furniture
- Personal belongings (i.e. mementos, jewelry)
If a collection agency wins their case and gets a judgment against you, they can also create a “lien” on your property. A lien means that the agency can force the sale of your property (with the exception of your home). If a judge issues a "turn-over order” that means that the court orders you to turn over nonexempt property to your creditor.
