Before the debt collector can attach any liens or wage / tax return garnishments, do they have to have my name on the judgment?

Asked about 1 year ago - New York, NY

I have a default judgment against me. But it has my maiden name, not my married name, on it. How does collecting work?

Attorney answers (4)

  1. Matthew Scott Berkus

    Contributor Level 20

    3

    Lawyers agree

    Answered . Doesn't matter. Collecting the debt will work the same. The collector may encounter some obstacles if the target of the garnishment (employer, bank, etc) cannot match up the accounts, but often times, the creditor uses your SSN, not just your name.

  2. Michael Patrick Hanrahan

    Contributor Level 10

    3

    Lawyers agree

    Answered . I agree fully with my colleague. The debt is linked to you through your social security number typically, not through your name. Otherwise, the everyday consumer would be changing their names constantly to avoid debts.

    The answer to this question is intended to be general legal information and does not represent legal advice nor... more
  3. James Liu

    Contributor Level 14

    2

    Lawyers agree

    Answered . Second Mr. Hanrahan. Often times the answer to legal questions can be answered by the most obvious question. Here, can we avoid all debts by changing our names? Obviously, no.

  4. David Michael Kasell

    Pro

    Contributor Level 14

    Answered . The difference in name will not stop collection activities though it may make collecting alittle bit harder.

    The information contained in this posting is for general information purposes only and does not constitute legal... more

Related Topics

Wage garnishment

Wage garnishment is the process whereby your employer sends part of your paycheck directly to your creditor in order to pay off your debt.

Lien

A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.

Howard Robert Roitman

Medicare Liens

Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,667 answers this week

2,988 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,667 answers this week

2,988 attorneys answering