0
You either pay or appeal. If there is really a judgment then you have already lost the court case.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
What can you do if your bank account has already been frozen and you need the money in the account to pay back some of your debt?
AnswerTry to vacate the judgment through the court that entered the judgment. This may temporarily release your bank account funds if you were not properly served.
Can a collection agency win a judgment if they cannot find you to serve with the court papers?
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
Can they garnish from his bank account?
Yes. A garnishment is usually served upon a 3rd party holding assets of a debtor. So if a garnishment is served on a bank where the debtor has an account the bank will have to answer how much are in those accounts and a turn over order can be issued so that the creditor may collect his judgment.
How do you garnish someones wages?
Sue the individual in the appropriate court and if you prevail you will receive a judgment writ. You then file the writ with the court clerk as a wage garnishment and have the garnishment order served on the employer of the debtor.
How does wage garnishment work?
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
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 the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
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.
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.
How long do I have to respond to a judgment served against me?
The time frame to respond to a judgment served against you typically varies by jurisdiction. Generally, you may have between 20 to 30 days to respond by filing an appeal or motion, but it is essential to check the specific rules and time limits in your local court. It is crucial to act promptly to avoid potential consequences such as a default judgment.
What do you do if you were not served and now have a default judgment?
If you were not served and now have a default judgement, you can ask the court to vacate the default judgement. You have 180 days from the discovery of the judgement to file this motion.?æ
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.
If your ex-husband falsely sued you and never served you and got a judgment and this is now on your credit report can you be patient for 7 years and ask agencies to take it off your report?
Yes, but that does not make the judgment uncollectable.
Can you place a lien on a living trust once the trustee dies?
If you have legal grounds, bring an action in the appropriate court and obtain a judgment in your favor you can have the judgment lien recorded in the land records and served on the successor trustee.
Why does the court depend on the jury?
So the decision is not decided by one persons judgment but by many so you have a better chance of justice being served
What can you do if your bank account has already been frozen and you need the money in the account to pay back some of your debt?
AnswerTry to vacate the judgment through the court that entered the judgment. This may temporarily release your bank account funds if you were not properly served.
Can a collection agency win a judgment if they cannot find you to serve with the court papers?
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
What action can be taken if a debt collection agency sued you and default judgment was passed for an unpaid debt if you are temporarily out of the country for a 1 year assignment?
A motion or application for an order vacating or setting aside the judgment may be made if service of the complaint had not been made properly. Before a judgment can be entered against a debtor, the complaint must be served on the debtor personally or sometimes if the court allows, by certified mail. If the debtor was not served with the complaint because he was out of the country and if he did not know about the lawsuit, the judgment entered would be void. But because the judgment is on the public record as a judgment, the debtor has to ask the court to set it aside. If the court agrees that the judgment should be set aside, it will enter an order vacating the judgment , but it will also reinstate the case as if it were just filed. By filing the motion to vacate the judgment, the debtor has automatically acknowledged service of the complaint, so there is no longer a need for the plaintiff to serve it and the case will start again. In addition to this, a debtor in that situation should also review very carefully the documents the collection agency filed in order to prove to the court that the debtor was properly served. If that "proof" was falsified, the agency could be in violation of state and federal debt collection laws, perjury laws and contempt of court rules.
