Arbitrators come to a middle ground for everyone. The judge goes by what is allowed by the law depending on the case, he also can add attorney fees, medical, etc. Each case has bylaw of judgments that guide the judge. The arbitrator usually sees what each side wants and tries to come to a middle ground. Dont forget either way an arbitrator gets their fee. If you and your attorney feel the case is strong enough to warrant a jury decision then go for it, but you could stand a chance on not getting anything. See if the attorney can find out how could possibly be awarded by a jury and weigh your decision from there.
This goes from just plain wrong all the way to what in H is that last sentence. Legal disputes are handled in many way. The worst is the typical PE instructor/ Vice principal where he/she just frightens everyone and makes it clear that the whole school is upset,,,, and never get caught bringing any problems to the office. Settle your problems in back alleys and internet bullying... It happens everyday. The advantage is the manipulative sob passes the buck....out come the trouble makers jack the system around. Next level is the Army. The accomplishment of the Mission is all that matters. Will misconduct impact the mission. If yes then use brute strength to manhandle a solution then kick it off somewhere else...........at some point you get to Donal J Trump and his I am a Billionare, you are fired, you disgust me, get out of my sight. Society is far better off when juries decide cases. But that is almost never done. Cases settle because lawyers make money settling cases. The best interest of the injured party goes way down under this system.....it is high volume, put some money on the table to make the attorney pay attention..... Often attorneys take just under 50% of the basic requirements needed to restore an injured person....the health people take what ever is left. It is a horrible system. Mediation goes on behind close doors and no one can talk about it. In mediation either party can just walk away. Another way is binding arbitration. This can be horrible, but in many cases a better resolution than the others.........judges are restricted from taking a personal interest. Arbitrators should be selected because they are experts in the fields that are to be discussed. People pay arbitrators by the hour so you avoid judges that have too many cases and coffee breaks. In theory it works....but imho the dirty secrets of corporate America need to diene taint best applied by 6 folks. That frightens Wall Street. They want secrets sealed away...... This secrecy is one reason why psychopaths have suddenly emerged as the ideal corporate citizen...they hate people and no corporation wants to gutted outed by a messy case with a psychopath. Likely the thief has no money to pay if the company wins.bthe company looses because customers believe that the victim business was none to smart. This gives customers reasons to avoid a business victimized by psychopaths...what happens is the psychopath destroys the people in his charge and get a bonus to keep his mouth shut.... No longer do people bring references with them because lawyers tell clients to report only that the person was briefly involved. The whole system would do better to slow down to a 'people friendly speed' but finance has made that impossible. And finance is a house of cards. Like musical chairs no one can time the music. But in finance chairs the top one percent has a gold throne and half the people get no second chances. So 'you pays your money and you takes your chances.' Truth, Justice and the AMERICAN Way left town in the 1980 under the deregulation frenzy. The nation needed to makes many changes. The fixes we needed were never even discussed.minstead crazy stuff from 1900 got some lipstick and became law. There is no longer a penalty for lying or cheating, unless an injured person lies. Then the manipulator so eat one cake and take home the other cake.
You can't clear it completely. Court never dispose of their records. If there is a monetary judgment against you, you can get that amended to zero after you pay the plaintiff.
A monetary judgment means it is money; damages or a punitive award. The other type of judgment is equity which does not involve money.
When a plaintiff sues the federal government for monetary damages the Court of Federal Claims hears the case.
are taxes due on monetary judgment like a pay check
That the defendant injured, or caused them some damage, monetary or physical.
It means you lost a civil suit in court and there is possibly a monetary judgment against you - can result in a Lien, etc.
Yes -- except civil suits usually are not penalties but rather compensation owed to the plaintiff. Either the judge or jury will return a verdict which the judge then signs and turns into a judgment. The judgment is then used to levy on property of the defendant to satisfy the judgment. Civil juries can return punitive damage awards in some cases and those awards are in the nature of penalties rather than compensatory awards.
if you have the ability to do an act required under a judgment then you can be held in civil contempt and actually jailed, however if it is strictly a monetary judgment then you cannot be incarcerated, but your wages can be garnished and your assets seized by the judgment holder.
First of all the plaintiff should determine if there is grounds a lawsuit in accordance with state statutes. If that is determined to be valid, the party involved files a lawsuit in the court of jurisdiction. If the plaintiff wins the suit, they can obtain a writ of judgment to execute against nonexempt property belonging to the defendant. The suit will probably need to be filed in a circuit or district court, as the majority of small claims courts only award with monetary judgments.
Claims of monetary damage caused to the Plaintiff due to the actions (or inactions) of the Federal Government.
Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.
Judgments can be executed in serveral ways, the preferred method is monetary in the form of wage garnishment or bank levy. Personal property of the judgment debtor can be seized and sold or real property can be encumbered by a lien. States have laws which differ in the type and amount of property that can be exempted from judgment enforcement. Generally small claims judgmenta are monetary recovery only, such as wage garnishment.
Monetary * And that means Receiving/Paying Cash in either or, or both Defendant / Plaintiffs ruling by the Judge; depending on the circumstances of the suit.
US Court of Federal Claims would hear those cases.
Yes. If the judgment results in a monetary award the proceeds would be distributed according to the residuary clause in the will or as intestate property if there is no residuary clause or no will. You should make certain to keep the claim active until it is paid.
The lender would file a lawsuit against the debtor in the appropriate state court(usually circuit or small claims). If the plaintiff/lender wins the suit a writ of judgment will be entered; a judgment can be executed in several ways to recover monies owed. Please be advised, in many states small claims judgments may only be executed for monetary recovery, such as wage garnishment or bank account levy rather than a property lien.
If either of the parties fails to obey the court orders the other party must return to the court that issued the decree and file a motion for contempt of court. That court has the power to enforce its judgment.
If it is a civil judgment for debt then it will be whatever the amount of the debt plus legal fees and court costs and interest (10%) accrued on the judgment until it is paid. Judgments are of five year duration and can be renewed by the judgment creditor and executed at any time while valid. If it is a civil judgment for personal injury, malpractice, etc. the state has a law which requires voters to approve any caps on monetary damages for such action (Torts).
The person will not go to jail, as such an issue is a civil matter not a criminal one. The winning plaintiff in a lawsuit is responsible for enforcing the judgment entered, the court will not do it for you, regardless of whether it is a small claims, circuit or district court case. A small claims judgment can generally be used only as a monetary recovery, only a few states allow such judgments to be executed as liens against real property. The best option is wage garnishment or bank account levy. The person must be cautious in the execution of a judgment so as not to cause impediment to exempt property belonging to the debtor or any joint property owned with someone who was not a part of the lawsuit. The clerk of the court will assist a judgment holder in obtaining the court forms and prescribed procedures needed. Please be advised, court clerks or administrators may only impart general information. They cannot (will not) give legal advice nor comment on what the best action is for a plaintiff or defendant to take.
A suit for defamation would be a civil suit. There are no statutory punishment or jail time for civil offenses, the case would most probably be settled with a monetary award. Edited to add: In addition to monetary damages, a successful defamation plaintiff, in many cases, can also get a court order forcing a website to remove the defamatory content.
Lempira is the monetary unit
In most states small claims judgments are monetary only. The judgment holder would need to execute the judgment as a wage garnishment or bank account levy when a debtor does not voluntarily pay or make arrangements to pay the debt. Once the judgment holder has decided how to execute the judgment he or she files for a writ of garnishment in the office of the clerk of small claims court. Court clerks can only impart procedural information. They cannot (will not) give legal advice or comment on a case that has not been adjudicated.
Monetary activities mean that you have to spend money to do the activity. However, non-monetary means the activity is free. Monetary and non-monetary are classifications for activities.
The judgment holder can execute the judgment by wage garnishment, bank account levy or the seizure and sale of non-exempt personal property, or a lien against real property. Small claims judgments are generally restricted to monetary recovery only and do not allow placements of liens or forced sale of property.