If the judge makes a decision in his favor, he can garnish your pay with a portion of your paycheck until the debt is settled. If you can’t take legal action, your creditors won’t have the means to seize your wages, but not much more, said David Gowling, senior vice president at MNP Debt, one of Canada’s largest private bankruptcy practices. In reality, credit card debts that you have left unpaid don’t disappear.
What happens if a debt is not paid?
Once you’ve reviewed your debts and understood your rights under the FDCPA, you should review your budget and create a plan to pay off the debt in debt collection. Probably the most common collection method is for a creditor to receive a garnishment notice that allows a sheriff to garnish 25% of your salary to pay off the debt (except in Pennsylvania, South Carolina, and Texas, where seizures are not allowed). However, your spouse’s salary could be seized to pay your business debts if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), provided that your spouse is named in the court ruling. In order to collect a debt, the general rule is that most commercial creditors must sue you first and win a monetary judgment (a court award) against you.
References:
- Do unpaid debts ever disappear? – National | Globalnews.ca
- Will an Unpaid Debt Ever Go Away On Its Own? (Yes, But Don't Hold Your Breath For It.)
Barry Ritholtz is a renowned finance expert, author and blogger. With over 30 years of experience in the financial industry he has gained a reputation as a thought leader and influencer in the investment community.