Credit Reports
Debt Collection
Credit

When a judgment has been refiled does the defendant have to be notified and if not what do you do?

454647

Top Answer
User Avatar
Wiki User
2006-01-02 04:14:47
2006-01-02 04:14:47

The laws and procedures on this vary by state. In California, you have a mail notice to the last known address of the judgment debtor.

1
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0

Related Questions

User Avatar

If it was dismissed without prejudice then yes, they can be refiled. If the charges were dismissed with prejudice then it cannot be refiled.

User Avatar

Don't know who you are referring to when you use the term 'claimant.' If an indictment has been dismissed, the defendant will be notified, and the copmplaining witness should be notified by the prosecutor's office.

User Avatar

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.

User Avatar

You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.

User Avatar

Yes. After a judgment has been made, the defendant(s) have a specific period of time to meet the financial terms of the judgment. If they do not, the plaintiffs may collect a fair interest rate on the judgment until the monies are paid.

User Avatar

If they have a judgment against you, yes. However, if they DO have a judgment against you, you should have been notified and it should be a matter of public record.

User Avatar

When the person has been notified of the impending civil legal action or a resonable attempt has been made by the plaintiff or court to do so the defendant is considered "served" regardless of whether he or she has taken actual possession of the summons/documents. That being so, the case in which the person is a party will go forward with or without his or her participation. Failure to appear generally results in an automatic "win" for the plaintiff and a judgment or whatever allowable action is called for will be enforced against the named defendant(s) property and/or assets.

User Avatar

The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.

User Avatar

It means that you are being notified that whatever legal action or court case you've been involved in has been ajudicated and the findings of the court are being filed with the office of The Clerk Of The Court.

User Avatar

A forced sale of property is only possible when there are tax arrearages and/or a judgment lien in place. At a a previous time there would have been a lawsuit or court procedure where the plaintiff won the case and a judgment was entered against the defendant. The judgment would have then been executed as a real property lien, thereby placing the property in jeopardy of a forced sale. The legitimacy of the judgment would depend upon the circumstances of the case. It is possible that the defendant did not appear to answer the civil suit therefore losing by default and the judgment was entered. The only option for the defendant or involved parties is to obtain legal counsel and try to have the sale temporarily stopped until the matter can be straightened out.

User Avatar

Summary judgment is granted when there is no dispute as to any of the material facts in the incident that caused the lawsuit so that, as a matter of law, one party or the other is entitled to judgment as a matter of law. In a suit on a credit card bill, if the defendant does not dispute that he is responsible for the full amount claimed by the credit card company, but just won't pay it, the plaintiff is entitled to summary judgment without having to go to trial because the defendant admits the debt. There is no genuine issue of material fact that has to be resolved by trial. Now if the defendant denies that he is responsible for all or part of the debt (for instance if the card had been stolen and charges were billed for purchases not made by the defendant but the credit card company does not believe him) there is an issue of material fact that has to be determined at a trial. The issue is did the defendant actually make the charges or not. Summary judgment cannot be granted as long as there is a genuine issue.

User Avatar

Vacate means to do away with. In court a judgment becomes final when the case is over and a judge has signed a piece of paper. The judgment is then effective until it is satisfied (by payment, or by doing whatever the judgment says) or until the judge has a legal reason to set the judgment aside. For instance if an appeal is filed, and some other judge says the first judge was mistaken, the second judge will vacate (put in suspense) the judgment. The judgment does not then have to be obeyed at that time. A court of appeals can reverse a case and change the judgment, or reverse the case and vacate the judgment (everybody starts over and you retry the case until you get a new judgment)In the UK there is a phrase known as "set aside judgment". This phrase normally describes a procedure by which judgment has been granted to a Claimant because no Defence has been filed within a prescribed time period. If however, there was good reason for this - such as the Claim was not properly served then the Defendant can apply to "set aside judgment" and if this application is granted the Defendant can enter a Defence.

User Avatar

If you have been notified that you are a beneficiary of an insurance policy or will, you should contact the person who notified you to learn what to do next.

User Avatar

As long as they have a court order of a judgment against you - yes they can. There are limits though as to how much they can take out of your paycheck. In most states that is 10% of the gross pay.

User Avatar

You will be notified when you have been recommended. You will be notified by Email.

User Avatar

If your spouse has been notified of the pending divorce and fails to respond to the petition within the allotted 20 days, then you can petition the judge for a default judgment of divorce.

User Avatar

Plaintiff's do not enter a judgment on the defendant/debtor's credit report. Private agencies research court records and report civil lawsuit judgments that have been entered against a debtor to the credit bureaus.

User Avatar

Yes, you will be notified about your IP address being blocked.

User Avatar

There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.

User Avatar

It means that the lawsuit has been dismissed but may be refiled later.

User Avatar

A judgment is a court order giving a creditor or someone who is owed money (such as money that was borrowed from a friend) the legal right to collect the debt in accordance with the laws of the state. The term "outstanding" indicates the judgment has not been paid or settled, but is still valid. A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.

User Avatar

A defendant is a person whom a legal action is brought, a warrant is issued, or an indictment is found. A suspect becomes a defendant after charges have been filed against him/her.

User Avatar

Once a debt is defaulted the balance is due in full. Even in collections, the time is past when a consumer should think of making payments. This is especially true once a judgment has been granted by a court of law. A judgement requires a legal disposition. Paying the amount would not "lift" the judgment. However, upon payment in FULL, the defendant would be able to go back to court to obtain the disposition which is a Satisfaction of Judgment. In order for future credit applications not to be impaired by this issue, it is imperative for the defendant to obtain the disposition, have it recorded in the same jurisdiction as the original filing, and forward a certified copy to all 3 credit reporting agencies. Depending upon the states' laws which govern this judgment, the defendant may be able to have the judgment dismissed with an Order to Vacate Judgment. This would "lift" the judgment, as a judge would declare the legal action invalid. If the debt and the legal procedure were valid, the chances of this happening are slim.


Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.