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If you have a judgment against you what does this mean and what can the company that has the judgment against you do to you?
A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(macky83@juno.com)
Can Payday loan be collected after 3 years?
Yes. By the Federal Fair Debt Collections Practices Act, all legal loans may be collected against for seven years from the date of last payment. In the event a judgment is obtained, collection may continue for up to ten years after the date of judgment, and may be extended by the courts for an additional ten years. By some state legislation, some loans may be legally collected against for up to ten years with the addition of another ten years in the event of judgment.
What is a judgment in personal finance?
When a person is taken to civil court (for example, a credit card company suing a cardholder to get paid back), the court makes a judgment for or against the plaintiff (entity initiating the lawsuit, in this example, the credit card company). If the judgment is for the plaintiff, the result is effectively a judgment against the defendant (the person taken to court in the example). Part of the judgment is the amount that is to be paid to the entity winning the court case (judgment). Judgements against a borrower (and the amount set to be paid by that borrower) will make their way onto the credit report and will cause a drop in credit score.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
What will happen if you do not show up for court when being sued by collection agency or credit card company?
The defendant is not required to make an appearance in a creditor suit, but if he or she does not appear the plaintiff (creditor) will win by default and a judgment will be entered against the debtor. FYI, unless the defendant has undisputable evidence that the suit is faulty (debt not valid, wrong person being sued, etc.) it will make no difference in the outcome whether the defendant debtor appears or not, the plaintiff will be awarded a judgment.
How happens if defendant has no assets?
If the defendant has no assets, they may not be able to pay a monetary judgment against them. In such cases, the plaintiff may not be able to collect on the judgment unless the defendant's financial situation changes in the future.
Is judgment proof legal in Kentucky?
"Judgment-proof" means that even if a plaintiff obtains its civil judgment against its defendant, the defendant has no assets from on which the court can levy in proceedings in aid of execution to satisfy the judgment. It also generally implies that as a result the defendant is not worth being sued, because the possibility of ultimately recovering a money judgment is nil.Added: There is no such legal principle as judgment proof. It is not a defense to a lawsuit. One can obtain a judgment against a defendant, regardless of the ability to collect the judgment. Plaintiffs often choose to proceed against defendants who appear to be judgment proof because they believe that the defendant will eventually have assets or income against which to collect.You are correct. The status of being judgment-proof is as a matter of fact and not a matter of law. Which is why I used the word "implied" and not the word "holds". Therefore, it is legal to the extent that as a matter of fact the judgment cannot be satisfied.
What steps do you have to take in detail to file a judgment?
A lawsuit must be filed against the debtor/defendant in the court of jurisdiction. If the plaintiff wins the suit a judgment will then be entered against the defendant. Judgments can be executed against the property or wages of the debtor in accordance with the laws of the state in which the judgment is awarded.
What is adverse civil judgment?
It means you lost a civil suit in court and there is possibly a monetary judgment against you - can result in a Lien, etc.
How do you contest a judgment against you?
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
Can a prevailing defendant's judgment for attorneys fees and costs against a plaintiff in a negligence lawsuit be attached to his 401K?
No
How do you contest a fraudulent judgment against you?
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
What happens if a plaintiff or a defendant does not show up?
If a plaintiff does not show up, the case may be dismissed. If a defendant does not show up, a default judgment may be entered against them.
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
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.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What is a proof hearing when other party does not dispute owing you?
A hearing before the court to prove a plaintiff's case against a defendant, where the defendant is in default and has not made an appearance in the case. Generally used to get a default judgment against a non-answering party.
