How do you know if you have a judgment against you?

Answer 1

Initially, note that a judgment is not "filed" against you. It is the result of a legal process in which you are found liable for money damages, or in some cases, a civil penalty of some sort. In the case of a civil matter, you are first served with process (a summons and complaint). You are given an opportunity to factually respond to it or argue that that the law does not support the claim. You may also present evidence that the damages sought are unreasonable or unsupportable by the evidence.

A judge or other decision-maker (perhaps a magistrate) then makes a decision by applying the law to the facts. The decision will be either that the Plaintiff (the person asserting the claim) is entitled to some amount of money, or not. If an entitlement is found, a judgment will be entered, and, absent an appeal, will probably be the end of the case. The judgment becomes a public record and, depending upon the state, may become a lien on all property that you own or acquire for a stated number of years. It will likely also show on your credit record and will invariably have a negative impact upon it.

Depending upon various factors, such as whether you are the main support for your household, your earnings may also be garnished. That is, a portion of them may be forcibly taken by the judgment-holder. This requires separate effort by the judgment-holder, but it is conducted within the context of the original case. In a similar way, certain items of property that you own in your own name may be taken by the judgment-holder. Again, this requires a separate proceeding, but it is conducted within the context of the original lawsuit.

Answer 2

The involved party, should have received a notice prior to the execution of the writ of judgment. In cases where the person cannot be found, the only thing necessary is that a 'reasonable attempt" was made to deliver the Execution of Judgment notice. The clerk or court administrator keeps a register of all court records, including judgment awards. Contacting the clerk of small claims court is a good place to begin, the clerk will be able to assist the person in the proper procedure that is needed for obtaining the information.

Answer 3

A judgment can be executed in several ways, the most preferred option is wage garnishment or bank account levy. Other options are the forced sale or liquidation of any property belonging to the debtor that is not exempted under the laws of the state where the debtor lives. Bankruptcy exemptions also apply to lawsuit judgments, in some cases both state and federal exemptions can be used to protect specific property. If the person owns a home it is very important to know the status of the state homestead exemption.

Answer 4

The judgment creditor dockets the judgment with the clerk of the court and then proceeds to enforce it in whatever manner is allowed under the laws of the debtor's state. Some methods that can be used by the creditor are, wage garnishment or bank account levy or seizure and sale of non exempt property or a lien against real property or the portion owned by the judgment debtor. It would be prudent for the judgment debtor to become knowledgeable in the personal and real property exemptions allowed for their state, especially important is the homestead exemption which helps protect a primary residence from a forced sale by a judgment creditor.

Answer 5

If there is a judgment against you, the best thing to do is to pay. It will remain on your record indefinitely if you do not. You can argue the judgment in court, but once a judgment is entered it will likely not be reversed.

Answer 6

A judgment technically is not "filed" unless you mean the judge ordered a criminal complaint to be filed without a finding, usually done to allow a defendant to avoid a criminal conviction if there are no further violations or criminal charges for some specified period, like six months or a year. Otherwise, a court enters or issues the judgment for or against the defendant.

Answer 7

You'll get letters from county court by sheriff. They'll come to your house and personally hand it to you.

Answer 8

it means one way or the other you will have to pay back the money

Answer 9

If this is a damages or a debt case, they can request the court to issue a lien against any property you may own that is equal to the amount of the judgement.