Law & Legal Issues
Civil Lawsuits
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If you have been served notice of a judgment against you can the judgment be dismissed or is it too late?
Wiki User
2008-08-13 13:31:54
The defendant debtor can negotiate with the plaintiff creditor
up until the time the judge awards a judgment for the debt owed,
and sometimes after a judgment has been handed down. Often the
presiding judge will request the two parties meet with an
indpendent mediator to attempt to settle the issue without it being
necessary for the court to make a decision. A judgment is issued
after the case has been heard. If the debtor has already received a
notice of final judgment that would indicate that the plaintiff
creditor has won the case and can execute the judgment in the time
and in the way the laws of the state allows. It is in the best
interest of the judgment debtor to try and reach a settlement with
the judgment creditor. Some creditors will negotiate for a lesser
amount even after a judgment award just to have the matter
finished, but many will not if they believe they can collect a
larger amount by letting the judgment stand. Judgments can be valid
5 to 20 years and many are renewable, they will continue to accrue
interest until they are paid or settled and the debtor can end up
owing considerably more then the original debt.
Related Questions
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What if someone is trying to get a judgment against you and you did not show up for court?
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.
Asked in Credit Reports, Debt Collection, Civil Lawsuits
Does the collection agency or the court notify you when a judgment is placed against you?
The defendant debtor will receive a notice of final judgment
from the court where the suit was heard and a judgment was awarded.
The notification may be served by an officer of the court or
independent agency or it may arrive by certified mail.
Asked in Law & Legal Issues
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment
against you. But long before that you would have been notified of
the court proceeding.
Asked in Liens
Do you get notice if a lien has been placed on your home?
Yes. You should be served with notice.
Yes. You should be served with notice.
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Yes. You should be served with notice.
Asked in Law & Legal Issues, Debt Collection, Civil Lawsuits
Can a judgment be filed against a person without going to court?
A judgment cannot be entered against anyone until due process of
law has been followed. The person (plaintiff) seeking restitution
must file a lawsuit in the appropriate state court. The person sued
(defendant) is then served a summons to appear on the date noted to
answer the suit. If the plaintiff does not appear the case is
dismissed. If the defendent does not appear the usual procedure is
for a default judgment to be entered into the court record in favor
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Can a collection agency in Texas garnish my checking account?
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Asked in Court Procedure
Can a judgment be filed on you without you going to court?
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Asked in Repossession
In Missouri do the courts notify you when a creditor sues you for payment?
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creditor can have you served by public notice, often in the local
newspaper. If you do not happen to get the paper, or do not see the
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Asked in Repossession
What do you do when a judgment is served on you?
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Asked in Law & Legal Issues, Calendar
Is there such a thing as a dismissal calendar?
Yes. When a civil suit has been filed, the defendant must be
served, or receive official notice of the law suit. The courts will
often make up a calendar of law suits that have not been served
within a certain amount of time, and will essentially tell the
plaintiffs that if their case has not been served by the time the
calendar is heard, their case will be dismissed.
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Tenant choice when served with one month notice?
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How do you file a lien against someone's car when they owe you money?
Answer:
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Asked in Debt Collection, Civil Lawsuits, Consumer Liability, Small Claims
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to
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the judge will either give you another opportunity to hear your
side or vacate the judgment if you can show that you were not
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Asked in Debt Collection, Income Garnishment, Consumer Liability, Examinations and Tests
What is a judgment debtor's exam?
A judgment debtor's exam is a process that allows a judgment
creditor (anyone who is owed money by order of a court) to make the
debtor answer questions about his or her assets, like jewelry,
cars, stocks, bank accounts, valuable Nascar memorabilia, etc. If
you get served with an order to appear for a judgment debtor's
exam, you better show up or call the attorney listed on the notice.
If you fail to appear, you could have a warrant issued for your
arrest.
Asked in Liens
Can you place a lien against someone without them knowing?
In the Unites States the creditor must obtain a judgment lien in
a court of jurisdiction. The debtor will be served with notice of
the action to give them the opportunity to defend against the
charges. If the lien is approved, a copy will be delivered to the
debtor and a copy will be recorded in the land records. The civil
law doesn't operate in secret in the US.
In the case of a lien for property or income taxes, those can be
recorded in the land records and notice of the debt has already
been sent to the tax delinquent.
Asked in Small Claims
How do you fight a default judgment in small claims court?
It is nearly impossible to overturn a default judgment unless
you can prove that you were not served properly.
Asked in Small Claims
What if the defendant is in a different state Can you file a small claims case then?
You can file a small claims case against anyone, anywhere. Out
of state Defendants are normally served Summonses by the deputy
sheriff or constable in their home state. If they fail to appear in
the court designated on the Summons, a default judgment can be
entered against him. The difficulty in this type of situation is
that the service of the Summons will cost more and a judgment is
more difficult to collect on. If a judgment is won by the Plaintiff
in a situation like this, he has to have the judgment
"domesticated" in the Deft.'s state, then proceed on collecting on
the Judgment according to that state's laws.
Asked in Law & Legal Issues
What does it mean if the docket says disposition dismissed by all parties but a summons was still served?
If a summons was served in this case, it would be a smart idea
to respond to it. You can ask your question in court at that
time.
Asked in Custody, Children and the Law, Child Support, Genetics
If a DNA test is court ordered and you did not get the notice what happens?
You can possibly go to jail by not showing up. If you get a
notice it would be best to go. Otherwise you could possibly be
police escorted.
------ If it is court ordered, you will be served by a police
officer. If you don't receive the notice, either there is no court
order or they have wrong info on where you live. If you were not
served, that is not your fault. If you were served and are thinking
about saying that you weren't, bad idea. If you weren't served I
wouldn't worry about it.
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What is a writ of judgment?
A writ of execution is a court order authorizing the seizure of
an asset, such as of a noncustodial parent who owes past due child
support. The order may be used to repay past due child support owed
under the judgment. It is also refered to as a levy.
A Writ of Execution is a legal document which states who the
money is owed to, the 'judgment creditor', and the amount of the
debt. When a writ of execution is attempted, notice will be served
upon the judgment debtor, indicating details of the goods
seized.
Asked in Law & Legal Issues
What if you were never notified that you were being sued and a judgment ends up on you record?
In order to get a judgment, a plaintiff must give proper notice,
or service, in a lawsuit. If you were not served, the judgment is
invalid.
Check the court documents to find out the method of service.
Generally, service is made in person. However, sometimes it can be
made by mail or publication. If the method of service is improper
or not properly noted, you have the necessary means to attack the
judgment and defend the lawsuit.
You probably need to speak with an attorney licensed in your
state to assist you with this.