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Landlord Claim?

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Suzette482

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I would also like to know, if judgement is passed in my favor as a previous landlord, can I have the judge garnish the checking or savings acct. if the only income that is in there is the persons disability payments that are direct deposited? Can I also be awarded their van to cover my judgement against them and household furnishings?
 


racer72

Senior Member
Why are you posting a new thread on the same subject?
Because she necroposted on a 7 year old thread.

The answer she needs. The judge can only grant you a writ of garnishment, the judge or court will not collect for you. Wages and disability income is fully exempt from garnishment in your state. SSDI funds cannot be garnished anyway. There is an exemption of $1200 for motor vehicles, personal belongings up to $2500. If you were to sieze the items and sell the stuff, the first $1200 for the vehicle and $2500 for the personal belonging will have to be given back to the creditor. You are about to learn why about 50% of all personal judgments are never collected. It appears your creditor may be judgment proof.
 

Suzette482

Junior Member
Because she necroposted on a 7 year old thread.

The answer she needs. The judge can only grant you a writ of garnishment, the judge or court will not collect for you. Wages and disability income is fully exempt from garnishment in your state. SSDI funds cannot be garnished anyway. There is an exemption of $1200 for motor vehicles, personal belongings up to $2500. If you were to sieze the items and sell the stuff, the first $1200 for the vehicle and $2500 for the personal belonging will have to be given back to the creditor. You are about to learn why about 50% of all personal judgments are never collected. It appears your creditor may be judgment proof.
Yes I had noticed the other thread I posted in was old. I am now beginning the judgement process and you clarified the answers for me and it does seem this may be a waste of my time doing the judgement. Thank you kindly for your help. :)
 

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