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Can I sue I had a judgment against me in NJ. I paid the amount in full. A month later the Plaintiff attorney is still pursuing levies on my property. Can I sue the Plaintiff's attorney?
Wiki User
∙ 6y ago
Where is your attorney? You need to get an attorney to look into the matter. However, you can also write a letter and fax it to the attorney labeling as SUMMON TO RESPOND. In the letter, notify the attorney that you have paid in full and they should stop levies on your property. Ask for more information as to why they are doing so. You really need to consult an attorney or else you may lose everything.
Wiki User
∙ 6y ago
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If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
What is the difference between a lien on property and lien on a person's name?
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
Can an attorney put a judgment lien on your home property?
If you owe a debt to an attorney a judgment lien must be obtained through a court process. If the attorney is successful, the lien will be issued and will be recorded in the land records. You will not be able to sell or mortgage your property until it is paid.
How do you get satisfied judgment?
A judgment can get satisfied by a wage garnishment. A judgment can also be satisfied by a levy of property. An attorney can help you file the proper paperwork.
How do you get a judgment satisfied?
A judgment can get satisfied by a wage garnishment. A judgment can also be satisfied by a levy of property. An attorney can help you file the proper paperwork.
How can you collect on civil judgments in North Carolina if you can not attach bank accounts or garnish wages?
It may be possible to place a lien against real property owned by the judgment debtor. In most states concerning a small claims judgment property liens are not allowed and the plaintiff would have to file a lawsuit in circuit court to obtain another judgment writ that could be executed as a property lien. The inability for a creditor/lender to enforce a judgment is quite common, a fact many winning plaintiffs do not discover until even more money is lost on litigation. Before pursuing litigation it would be in the best interest of the lender to discover if a judgment could be executed in a timely and productive manner, or enforced at all. Almost 90% of debtor/defendants are considered "judgment proof" when it involves creditor lawsuits.
Can a monetary judgment be used to put a lien on personal and real property?
Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.
Can personal property be seized from the president of a corporation that has a judgment against it?
No personal property of an indivual officer of a corporation may be seized to pay a corporate debt. This is so even if that individual is the person responsible for the claim against the corporation. As long as the judgment is against the corporation, only corporate assests may be seized. Sometimes plaintiffs in actions against corporations try to get judgments against the individual officers or shareholders as well as the corporation itself by means of a legal theory called "piercing the corporate veil". This is usually not successful. But even if the plaintiff were successful and got a judgment against the corporation and the individual, the individual's property would not be subject to seizure because of the judgment against the corporation. His/her property would be subject to seizure because there would be a judgment against him/her personally. This is the whole purpose of the corporate structure to begin with, that is, the ability to run a business without fear of personal liablity.
What happens if you and the defendant don't show up on a hearing for child support case at court?
You lose. If the defendant doesn't show up for their notified court hearing, a default judgment will be made against them. If the plaintiff doesn't show up, the case will be dismissed. In the case of a defendant, the plaintiff will then go about collecting the award through garnishment of wages and placing liens on property.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What steps do you have to take in detail to file a judgment?
A lawsuit must be filed against the debtor/defendant in the court of jurisdiction. If the plaintiff wins the suit a judgment will then be entered against the defendant. Judgments can be executed against the property or wages of the debtor in accordance with the laws of the state in which the judgment is awarded.
What is a filed judgment?
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.
