Debt Collection
Civil Lawsuits

How do you file a judgment against someone?


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2005-11-23 02:55:33
2005-11-23 02:55:33

The person/creditor that is owed money sues the debtor/borrower in the appropriate state court. If the plaintiff (person owed) wins the suit he or she will be awarded a writ of judgment. Be advised the court will not collect or assist in collection of money owed, that is the responsibility of the judgment holder. A judgment can be used in several ways depending upon the laws of the state where it is awarded. Wage garnishment and bank account levy are the two most common ways of executing a judgment. It can also be used to place liens against real property or have non-exempt assets belonging to the debtor seized and sold. Before initiating a lawsuit it should be determined if the debt is collectible. All states allow debtor exemptions for personal and real property. In many cases the debtor/defendant qualifies as being "judgment proof", meaning there is not property that can be attached and/or sold for debt repayment.


Related Questions

You don't file a judgment you file a lawsuit against a company. A judgment is what you get if you win the legal battle.

If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.

You go to court and get a judgment against the person. Then you can file a lien against their property.

Can someone collect my income tax return for a judgment against me

Yes. If someone has gotten a judgment against you & you have failed to pay them, they can file for a wage garnishment also.

Child Support cannot be attached to pay a judgment.

Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.

Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.

You must file a lawsuit in the proper court and obtain a judgment in your favor. You can then request a judgment lien from the court.You must file a lawsuit in the proper court and obtain a judgment in your favor. You can then request a judgment lien from the court.You must file a lawsuit in the proper court and obtain a judgment in your favor. You can then request a judgment lien from the court.You must file a lawsuit in the proper court and obtain a judgment in your favor. You can then request a judgment lien from the court.

You would be filing a Complaint for judgment. If you have already received a judgment from the court and the other party owns real estate you should inquire at the court about having the judgment recorded in the land records. The real estate cannot be sold or refinanced until the judgment is paid. Judgments are generally handled by the sheriff's department.

Yes--but only if they have a court judgment against you. In that case, they would have what is called a judgment lien.

Yes, but the judgment may not be discharged in BK without compensation.

Hope you had a lawyer defending you against the judgment suit. You can use one now. Many, if not most judgments will not be discharged in BK.

Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.

You don't. The Court would file the judgment if it is granted.

Nope ... best you can do is file for divorce.

In order to procure a judgment against someone for debt, due process has to be followed. Filing a lawsuit in the appropriate venue,(usually Small Claims Court). Obtaining a hearing date, going through the hearing/trial process and being awarded a judgment. Then the judgment has to be enforced which also has specific steps to be followed. Consult court procedures governing lasuits and judgments for your state of residency.

It depends on the reason you did not show up. If you received notice and didn't appear, the court will issue a default judgment against you. If you had no notice and the court has no proof of service then you may be able to file a motion to vacate due to your not being served a summons.

File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.

You can either file a motion in the trial court for reconsideration or take an appeal of the summary judgment in the appellate court.

, how I can I place a judgement against a tenant for non-payment of rent?

The creditor can file suit against the debtor and if the creditor is successful and is awarded a judgment the judgment can be executed against all non exempt real and personal property belonging to the judgment debtor.

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