0
If you sue and get a judgment in your favor what are the methods available for collecting the judgment?
Wiki User
∙ 8y ago
All states have laws governing the collection of judgments. Those laws have to be followed "to the letter." Wage garnishment, bank account levy, and in some cases property liens can be used to collect money owed. However, many states have laws prohibiting the levy of a bank account if it is a joint account, etc. Also many states do not allow a lien to be placed on real property if the judgment was won in small claims court. The DMV will not suspend a license due to a civil judgment UNLESS it is related to an auto accident case. Debtors are legally entitled to specific exemptions from any judgments. Unless you are well versed in the laws of your state, you should seek legal advice. You could end up on the other side of a lawsuit and judgment.
Another option is a fi fa, this is good for seven years and in most states costs you $7 to renew every seven years. After a ruling against the other party is given, you may file for this in MOST cases. This enables you to have anything the other party possesses auctioned off (usually by the sheriffs office), thus in turn you are given that money. This and garnishing wages are the two most effective and efficent means of recovering your money. I recommend you get another hearing for payment options (usually this is done in civil suits/magistrate court)
Laws to collection judgments will vary from state to state. I posted an article on my blog that covers some of the common methods used to collect judgments in California:
http://www.chs-law.com/2005/02/using-small-claims-court-part-ii.html
I would like to thank you all for the answers to my question, especially my blog I am using this site for the first time and think it is perfect for obtaining Q & A and will be telling all my friends and family about it
Go back to court and request a writ of execution (order for wage execution or attachment of assets, etc.). Once you have obtained the writ take it to your local sheriff for execution. Above all check your state law for the absolutely necessary criteria by which you should proceed in any legal matter. Collection agencies generally get involved prior to judgment.
Wiki User
∙ 8y ago
Add your answer:
Earn +20 pts
How do you put a lien on someone who has not performed services promised?
Generally you must sue them in court, obtain a judgment in your favor and obtain a judgment lien.Generally you must sue them in court, obtain a judgment in your favor and obtain a judgment lien.Generally you must sue them in court, obtain a judgment in your favor and obtain a judgment lien.Generally you must sue them in court, obtain a judgment in your favor and obtain a judgment lien.
Why is the judgment always in favor of women in Singapore?
It's not in their favor only it's every ones favor
What is the meaning of obtaining a judgment?
Obtaining a judgment means receiving a decision of a trial court in your favor.
What is memorandum of judgment?
Memorandum of judgment is a brief summary or outline of a judgment which specifies the name of the court that entered the judgment, date, amount, name of the party in whose favor and name of the party against whom entered.
Who can file property lien?
The creditor must sue in court and obtain a judgment in their favor. The court will issue a judgment lien that can be filed in the land records.
If judgment goes to bankruptcy will it be removed?
If a judgment goes in the bankruptcy, it can be removed. The person who the judgment was for, has the right to request that it still be paid. In most Chapter 7 situations, the judge will decide in favor of the debtor.
What does Barack Obama think of coin collecting?
While the president has not said much about coin collecting, he has said a lot about education and about the importance of hobbies that are educational. Both stamp collecting and coin collecting teach about geography and about important historical figures, so the chances are, he would be in favor of such hobbies.
How do you challenge a civil judgment in the state of California if you missed the court date?
File a Motion to Quash This action relates to the validity of the judgment, non appearance is not a valid defense for having a judgment voided. If the defendant does not appear he or she loses by default and a judgment is entered in favor of the plaintiff.
What possible scenario a judge would favor your request to revoke a survivorship deed and puy it solely in your name since you paid for the house and made the mistake to include a friend in the deed?
A judgment in your favor is not likely since you made the arrangement in the deed of your own free will. The courts do not rectify errors of judgment.
You wrecked your boyfriend's car and it is in his sister's name Can she sue you if you have no job to pay her?
Yes she can sue you. However, getting a judgment against someone and COLLECTING on the judgment are two different worlds. If you have no job and no assets it is like trying to squeeze water out of a rock - It's not there. Even if you are sued, then you still have the right to a trial, and may have a legitimate defense. if you lose, the judgment will stay on your record (possibly even your credit record) for many years as an unpaid judgment. In a situation like this the plaintiff (your boyfriend's sister) would probably list both you and her brother as co-defendants in the action. If the verdict is in favor of the plaintiff, the judgment would most likely be split between your and you boyfriend equally.
Can a loan company file a judgment in Texas?
Any creditor who is owed money and for whom the contract has not been honored by the borrower can file for a judgment in Texas and every other state of the US. Whether or not the creditor will receive that judgment is a matter up to the courts, however the judgment typically goes in favor of the creditor.
Can a debt collector refuse certified mail?
Yes they can, but it could be grounds for summary judgment in your favor. Especially for dept verification.
