0
If you are given a judgment by the court and the defendant disappears what can you do?
Wiki User
∙ 17y ago
Have the judgment recorded with the recorder's office in whatever state and county you are in. It won't help you collect on the judgment, but if that person tries to sell or buy property there will be a lien that will have to be cleared up prior to doing either.
Wiki User
∙ 17y ago
Add your answer:
Earn +20 pts
What is the final vote in slocum v new york insurance co'?
That court examined the evidence, concluded that it was insufficient to support the verdict, and on that basis reversed the judgment given to the plaintiff on the verdict, and directed that judgment be entered for the defendant.
What is criminal judgment?
An abstract of judgement in a criminal case is a written summary of the judgement in a case. The abstract of judgement will usually state how much money is owed to the winning party, as well as any other specifications of the ruling.
The defendant must be given an opportunity to be heard?
This is a true statement. In court the defendant will be represented by counsel and may choose to testify, or not.
What is the name given to an officer of the court charged with the responsibility of enforcing the judgment or order of the court?
The bailiff is an officer of the court charged with the responsibility of enforcing the judgment or order of the court.
What is an absolvitor?
An absolvitor is a decision or decree in law made by a court in favour of the defendant in a given action.
How do you collect on a court judgment?
First be sure the judgment is docketed in the state docketed judgment index, so that it becomes a state-wide lien on all the defendant's real property in the state. Next serve the defendant with an Information Subpoena. This is a list of written questions the judgment debtor has to complete and send back to you. It will list all of his/her bank accounts, other assets and job location so that you can grab them and garnish the wages. The small claims court (Special Civil Part) has forms for this. In the regular Superior Court the papers must be prepared by the plaintiff and submitted to the court.Once the location of assets and job is known more papers are prepared and given to the court constable or sheriff who goes out and puts liens on them or serves the job with wage garnsihment papers.
Does a party who serves discovery REQUESTS keep the original?
A motion for discovery is made to the court. The copies of which are served to the other party and the court. The original can be given to the court or kept by the defendant.
Can a judgment be filed against a person without going to court?
No, even if the plaintiff wins the case through arbitration they will still need to file a petition with the court of venue to receive a writ of judgment. On the other side, however, if the defendant fails to respond to a summons pertaining to a lawsuit or judgment he/she will lose by default and may not be able to claim any of their property exemptions.
What punishment is usually given for losing a serious criminal case in a court of law?
Clarify the question please. 'Punishment' given to whom, the defendant or the attorney that 'lost' the case?
What if you do not receive the summons for debt collections?
In civil suit for debt owed, the plaintiff only needs to demonstrate to the court that they have made a reasonable attempt to serve notice on the defendant debtor. If the debtor cannot be found the lawsuit will still go forward without the participation of the named defendant. However, in most U.S. states the defendant must be duly served according to the laws of the state in which he or she resides with a final judgment notice before a judgment writ can be executed. The service of said writ upon the debtor can be by a designated agent of the plaintiff and/or certified mail and/or courier (UPS, FedEx, etc.). The defendant is given a specific time to respond to the judgment order citing allowable personal and real property exemptions that are exempt from seizure, garnishment, levy, and so forth.
Is a low income family judgment proof that receives food stamps and medical assistance for their three children?
First of all, I should make one thing clear: being "judgment-proof" is not a legal defense to liability.You can't go into court and say "I'm judgment-proof, therefore the lawsuit should be dismissed." Whether or not you can actually satisfy a judgment has no bearing on your liability, and the court's ability to impose the judgment. And if you are found liable, that judgment can follow you around for the rest of your life, or until you pay it, creating problems at every turn.The term "judgment-proof" simply refers to a practical consideration faced by all plaintiffs: given the financial situation of the defendant, how easy or difficult will it be to actually collect the judgment? A plaintiff might decide that, even if they win, the defendant has so few assets that collecting the judgment could take more time or effort than it's worth.If you're employed, and lose this lawsuit, the plaintiff may be able to garnish a percentage of your wages until the judgment is satisfied. There are many other procedures through which a judgment can be enforced, as well.
Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
