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Is judgment proof legal in Kentucky?
"Judgment-proof" means that even if a plaintiff obtains its civil judgment against its defendant, the defendant has no assets from on which the court can levy in proceedings in aid of execution to satisfy the judgment. It also generally implies that as a result the defendant is not worth being sued, because the possibility of ultimately recovering a money judgment is nil.Added: There is no such legal principle as judgment proof. It is not a defense to a lawsuit. One can obtain a judgment against a defendant, regardless of the ability to collect the judgment. Plaintiffs often choose to proceed against defendants who appear to be judgment proof because they believe that the defendant will eventually have assets or income against which to collect.You are correct. The status of being judgment-proof is as a matter of fact and not a matter of law. Which is why I used the word "implied" and not the word "holds". Therefore, it is legal to the extent that as a matter of fact the judgment cannot be satisfied.
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.
How happens if defendant has no assets?
If the defendant has no assets, they may not be able to pay a monetary judgment against them. In such cases, the plaintiff may not be able to collect on the judgment unless the defendant's financial situation changes in the future.
What is the defendant answer for a final order and judgment proposition from the plaintiff?
The defendant's answer to a final order and judgment proposition from the plaintiff typically involves responding to the claims made in the plaintiff's petition or complaint. The defendant may admit, deny, or assert defenses against the allegations, including counterclaims if applicable. This response must be filed within a specified timeframe, and failure to do so may result in a default judgment against the defendant. Ultimately, the answer serves to clarify the issues in dispute and outline the defendant's position in the case.
How do you contest a judgment against you?
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.
Can a prevailing defendant's judgment for attorneys fees and costs against a plaintiff in a negligence lawsuit be attached to his 401K?
No
How do you contest a fraudulent judgment against you?
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.
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
What happens if a plaintiff or a defendant does not show up?
If a plaintiff does not show up, the case may be dismissed. If a defendant does not show up, a default judgment may be entered against them.
What does JAPL mean in disposition?
JAPL in disposition stands for "Judgment Against Plaintiff." It indicates that a judgment has been made in favor of the defendant against the plaintiff in a legal case.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What is a peripheral defendant?
A defendant that is associated by charges that support the charges against the primary defendant(s) but, in and of themselves not part of the case directly. Meaning a charge unrelated to the primary case. For example, a trucking company distributing drugs would be a peripheral defendant against the manufacturing case of their supplier.
