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A summary judgment is also known as a "judgment on the pleadings", meaning that it has been decided on the facts as presented in the papers and no further trial is needed. However, there may be additional proceedings to obtain satisfaction on the judgement (e.g., seizing property, garnishing wages, etc).
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In PA can you go to jail for nonpayment of judgment?
If you wilfully disobeyed the payment of a court-ordered judgment you could possibly wind up being jailed for contemopt of court.
Court date for a judgment against you for not paying a credit card will you have a warrant out for you if you don't go?
No. It is Civil Court not Criminal Court. There will be no warrant issued.
How do you get a judgment satisfied that has already been settled?
You should go to the court that issued the original judgment and inquire about a 'judgment satisfied' document that could be recorded in the land records.
What is a judgment and do you have to go to court to get one?
A judgment is the final decision of the court on all issues in the case leaving no further action to be taken regarding the issues in dispute. A judgment can be in favor of the plaintiff or the defendant. It must describe the relief to which the prevailing (winning) party is entitled.A judgment is different than an "opinion" of the court; an opinion sets forth the reasons for the court's decision, but may or may not conclude the case. The judgment is a separate document that formally ends the case and triggers the right to appeal.A judgment awarding money can be executed in several ways; garnishment of wages or levy of bank account(s) are the preferred action. In lieu of those, the judgment enforced by liquidating nonexempt assets of the debtor, or placing lien(s) against real property.While the parties to a contract may agree to avoid the courts and use some other form of dispute resolution (like an arbitrator), only a court can issue a "judgment".
Can a homeowner put a judgment on a contractor?
The matter has to go to court. A homeowner cannot do it directly.
You won a judgment in court can you go after a car if it is in her and husbands name if judgment is only against one person?
provided they married in community of property (what is hers is his)
Where do I go to get a house lien?
You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.You need to sue the property owner in civil court and win. The court will issue a judgment lien and you can have it recorded in the land records.
How do you put a lien on a business for non payment debt collection?
You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.You need to sue it in court and win. If you win you can request a judgment lien.
In Civil Court can you move to oppose a Summary judgment and Move for dismissal at the same time?
Without getting into the specifics of the bases for a summary judgment motion and a motion for dismissal (and there are many and may differ among states), they can be made simultaneously because they are not directed to the same aspect of the case. The summary judgment motion is directed to the factual aspect of the case while a motion for dismissal is directed to the procedural aspect of the case. The summary judgment motion alleges that there are no genuine issues as to the material facts of the case and that the moving party is entitled to judgment as a matter of law. The motion for dismissal usually alleges that the other party has failed to abide by some procedural rule, the penalty for which is dismissal of the case. Two different theories. Opposition to a summary judgment motion indirectly requires some admission that there are facts that could go one way or another at trial. A motion for dismissal will allege that the other party has not done something required by the rules like providing discovery on time, or lack of prosecution of the case. Admitting that a jury could believe either side at a trial does not give up procedural reasons to dismiss the case.
Define summary judgment?
Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case. In Common Law legal systems, issues of law, that is to say, what the law actually is in a particular case, are decided by the judge, except when jury nullification of the law acts to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional Common Law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail. For a case to get to trial, the parties have to take various steps (often known as 'discovery'), including disclosing the documents to the opponent by discovery, showing the other side the evidence, often in the form of witness statements and other steps. Complying with such directions, and going through the trial process is lengthy, can be difficult, and if one employs lawyers, can be costly. A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through the directions by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing for the jury to decide, then, asks the moving party rhetorically, why have a trial? In its motion (request) for summary judgment, the moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.
How do I as the defendant file a response to a summary judgment notice?
You will have to file an appropriate affidavit stating the facts that are in dispute and perhaps a brief stating the legal reasons why you feel summary judgment should not be granted. A motion for summary judgment is made by a plaintiff because it contends that it is entitled to judgment as a matter of law because, even giving you all benefits of reasonable inferences and resolving all doubts about the evidence against plaintiff from disputed facts, there are no issues of material fact to support your case. In short, if you are being sued for an unpaid debt and you cannot provide facts to show that you do not owe the debt or that for some reason plaintiff is not entitled to collect, then summary judgment will be granted against you. So your obligation is to prepare an affidavit showing the specific facts that show that plaintiff is not entitled to judgment. You may have to prepare a legal brief as well, showing, if you can find any, case law that has similar facts where a summary judgment was denied. The most important thing to show is that there are factual issues that are in dispute and would have to be resolved by a jury. Procedurally, you should check the court rules for how to file the Objection to Entry of Summary Judgment. At the least, look for these things: Does the motion for summary judgment have a specific return date for argument. How many days before the return date of the motion do you have to file your papers in opposition. File as the original and as many copies as the rule require. Send a copy of the papers you file to the attorney making the motion. Go to court on the return day of the motion. Here is a tip: It is possible to challenge part of the summary judgment. For example, assume that you cannot dispute that you owe the debt and that you really have no opposition to summary judgment on the debt itself. But plaintiff will probably seek other things as well, like interest, counsel fees and costs. Challenge the computation of those figures. You might not be able to avoid summary judgment on the debt itself but you might avoid it on the other issues. Sometimes, a plaintiff will drop claims for those other things if it gets a summary judgment on the main debt. So it pays to look at each individual item that makes up the total amount of money plaintiff is seeking. Don't think that because you can't dispute the main debt, that you can't object to the other things.
How do you delete a judgment?
You can also go to court with a lawyer and try to get it deleted through the court, but that will only work if you have just cause. You can also try and delete the judgment by disputing it to the credit bureaus. They will have 30 days to verify it or it must be removed.
