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.