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When a judgment has been refiled does the defendant have to be notified and if not what do you do?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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Garnishment from credit card company and have now been notified you have another judgment and they are also going garnish your wages can they do this?
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.
How can judgment be lifted if you start paying on it?
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.
What is an outstanding judgment?
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.
Can your Federal tax refund be garnished by collectors?
Not directly. Once the funds have been deposited into a bank account a judgment creditor could levy the account for the debt owed. There are several factors that come into play when it relates to the attachment of a bank account by judgment creditors. For example, how the account is set up, JT, JTWRS, TBE, and so forth. The majority of U.S. states only allow a creditor to levy and account once. After that the creditor has to return to court and have the judgment refiled as a second levy if the full amount of the debt was not obtained in the original action.
What action can be taken in Oregon if someone stops payment on a check to someone?
If money is owed you and a check payment is stopped, write a letter of demand for payment. If money is not received in a timely manner or no arrangement for payment has been made, then your option is to sue in court. If the claim is under $5,000., you may sue in small claims court and you need no attorney to go to this court. If the judge rules in your favor, you will receive a judgment. The defendant as a right to appeal this ruling. The defendant has 30 days to appeal. Wait this period out. On the 31st day, if no appeal has been filed, your judgment is final. At this point, you have a number of options how to collect your money.
NC If a judgment has been filed against you for a home equity loan on a house that has been lost to foreclosure how long is that on your credit record and can the judgment be refiled once it expires?
7 years,and can be refiled
If an indictment has been dismissed does the claimant have the right to know?
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.
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.
Can a request for default judgment be filed if there was no summons?
Typically, a request for default judgment cannot be filed if there was no summons served on the defendant. The defendant must be properly notified of the lawsuit before a default judgment can be granted. It is important to follow the proper legal procedures to ensure that the defendant's rights are protected.
What happens if you are notified by the sheriff to pick papers up at court house and you haven't picked them up?
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.
May a finance company charge finance charges after a judgment has been made?
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.
How does the winning plaintiff have a judgment entered on the defendant's credit report?
The winning plaintiff can request a judgment be entered on the defendant's credit report by filing a copy of the judgment with the credit bureaus. This can negatively impact the defendant's credit score and make it difficult for them to obtain credit or loans in the future. Judgments typically stay on a credit report for a certain number of years, depending on the jurisdiction.
What does JAPL mean in disposition?
JAPL in disposition stands for "Judgment Against Plaintiff." It indicates that a judgment has been made in favor of the defendant against the plaintiff in a legal case.
Can a credit card company put a lien on your property in Georgia?
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.
What is a Notice of entry of judgment?
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.
What does judgment and sentence notice unserved mean?
"Judgment and sentence notice unserved" typically means that the defendant has been convicted and sentenced by a court, but the sentence has not yet been carried out or served. This could be due to factors such as appeals, delays in the justice system, or other legal proceedings.
Are you supposed to be notified if someone puts a lien on your house?
Liens, in just about every state are for the protection of the creditor, not the debtor. You state laws will define what is expected for all liens that are filed. If you want to check if there are existing liens consult the county's public records.
