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If you file judgment against the estate for an award won in a lawsuit what if the money has all been spent?
Wonsuit
First, you must make certain you file a claim against the estate with the probate court as soon as the estate is opened. There is a certain statutory period after the executor is appointed during which a creditor may file a claim. If you file your claim on time the executor is obligated by law to pay the debts of the estate first, before making any distribution to the beneficiaries. If there are enough assets in the estate your claim will be paid. If there are no assets then you wll be out of luck. Every state has its own formula by which debts take priority and the order of payment of those debts is statutory. The following is an example from the state of Washington:
RCW 11.76.110Order of payment of debts.
After payment of costs of administration the debts of the estate shall be paid in the following order:
(1) Funeral expenses in such amount as the court shall order.
(2) Expenses of the last sickness, in such amount as the court shall order.
(3) Wages due for labor performed within sixty days immediately preceding the death of decedent.
(4) Debts having preference by the laws of the United States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his lifetime which are liens upon real estate on which executions might have been issued at the time of his death, and debts secured by mortgages in the order of their priority.
(7) All other demands against the estate.
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What happens when the statute of limitations on a debt expires while the creditor is in the process of obtaining a judgment?
If the lawsuit was filed before the expiration of the state's SOL then the suit is valid and a judgment award would be valid and could be executed against the debtor according to the laws of the debtor's state.
What are the requisites to obtain a settlement loan?
An attorney analyzes the lawsuit in progress and decides if it is likely to result in a cash award, and if so, how much. A settlement loan, or lawsuit loan, is then made against the projected award.
What is the Legal process of removing a lien?
You will have to file a lawsuit against the person who filed the lien. The lawsuit would be claiming slander of title. Most states laws award attorney fees to the prevailing party in these lawsuits. I strongly recommend having a real estate attorney represent you. These kind of lawsuits are too complicated to do yourself.
Can a credit card company put lien on your property in California?
Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment debtor.
Can a person place a lien on your house with a court order?
In most cases judgments can be executed against real property that belongs to the debtor/defendant. The process usually requires a lawsuit against the debtor in the state and county where he or she resides. If the plaintiff wins the case a judgment is entered against the named debtor and the judgment can be executed as a lien. The exception to the process is federal and state tax arrearages and Mechanic's liens none of which require the due process of a lawsuit to be followed. Some creditors retain law firms who are licensed arbitrators in which the defaulted account is referred to the National Arbitration Board rather than the normal lawsuit process. An award to a plaintiff through arbitration may or may not be legally binding or be grounds for the creditor obtaining a judgment from the court in the state where the debtor resides.
How much debt do credit card companies consider enough to take legal action?
Most creditors base their decision to pursue a lawsuit against the debtor on how successful they would be at enforcing a judgment award. Needless to say larger debts are a priority, but not necessarily the critieria used for making such a decision as a lawsuit or arbitration action. If the debtor is employed in the majority of states wage garnishment is an option for the creditor and in such a case a lawsuit is feasible regardless of the amount of debt.
Do people receive settlements from class action lawsuits?
If the person were a named party in the lawsuit then he or she would be entitled to an equal portion of the monetary recovery, whether it was a settlement agreement or a judgment award by the court.
Is compensation for an injury considered an asset that can be taken in a judgment against the person who received it?
It depends, some states have laws that protect funds garnered from a personal injury award from attachment/seizure by creditors. If the judgment concerns a lawsuit that involves damage to personal property or personal injury the funds are generally not exempt from seizure by the winning party, but are viewed as private assets/income. However, there may be contributing factors, one would be if the original award pertained to a permanent disability.
What is the presidential who's who award?
It is not an award. The company tries to sell you a book that that list you in. They send out junk faxes to people to try and sell you the book, mugs and other stuff. I happen to have a court judgment against them for sending me a junk fax. If you are reading this presidential who's who, call me at 609 276-7733 to pay the judgment against you.
What is money paid by the loser of a lawsuit called?
Award
Can your home be taken when a judgment is filed against you in South Carolina?
Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.). However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.
What is an average damage award in a lawsuit for a torn meniscus?
85,000.00
