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How long does the defendant have to produce the requested documents once the judgment has been entered and the request for discovery of assets has been served?
That is determined by state law and the time limit to produce the requested documents should appear on the interrogatory and/or accompanying forms. If you are unable to find the information on the papers served, contact the office of the clerk of the court that is listed immediately.
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What does judgment for defendant mean?
"Judgment for Defendant" means that the defendant wins the case. In a criminal case, a judgment for defendant would be a "not guilty" verdict (usually). In a civil case, it would usually mean that the defendant does not have to pay money to the person who sued him or her (known as the "plaintiff").
Can a lawyer acting as a debt collector file for a judgment in court during the 30 day validation period and after the defendant has requested the validation of the debt within the allotted time frame?
A lawyer acting as a debt collector can usually file for a judgment in court even during the 30-day validation period. However, if the defendant has requested validation of the debt within the allotted time frame, the debt collector usually cannot seek a judgment until the validation process is complete and the debt has been verified.
In small claims what if the defendant is a no show?
If the defendant does not show up in small claims court, the judge may enter a default judgment in favor of the plaintiff. This means that the plaintiff wins the case by default since the defendant did not appear to defend themselves. The plaintiff may then be awarded the relief requested in their claim.
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?
Yes, judgment proof is legal in Kentucky. Judgment proof refers to a situation where a defendant does not have sufficient income or assets to fulfill a court-ordered judgment. In such cases, the court is unable to enforce collection of the judgment against the defendant.
In litigation what's the difference between an answer and a response?
In terms of written pleadings, an Answer is the first document filed by a defendant in a lawsuit. In the answer the defendant answers or responds to each individual allegation made in the Complaint. If the defendant does not answer the complaint, the court might enter judgment against defendant. A Response is a more general category of pleadings meaning just about every type of paper that responds to some paper filed by the other party, whether it is the plaintiff or defendant. Example: The defendant files a motion to dismiss or for summary judgment or for additional discovery. The plaintiff is required to respond to the request and give reasons why the request should be denied or the court will most likely grant the relief requested. Note that the "Answer" is a responsive pleading, therefore it could be called a Response in a way. But Responses that are in answer to requests during trial like the ones above and not called Answers. The term Answer is left to describe the defendant's pleading that gives his or her answers to the allegations of the Complaint
When a judgment has been levied can you then file a motion to compel documents in Florida?
At the time of judgment, the prevailing party should have requested that the judgment/order include a court order to fill out form 1.977 (fact information sheet about losing party's financials)..but since the judgment is already ordered, you now have to request the court to order the losing party to fill out the form, (usually can do this in the form of a motion/petition)...or you can move to compell discovery in regards to the loser's financials... and then after this discovery is completed, you can move to for a 1) writ of garnishment, 2) or order execution (compelled payment)...please consult Fla. Civ Pro Rules 1.550, 1.560, and 1.570 ..... Or u can simply ask for the money! haha
What does aid in execution mean?
Something in "aid of execution" is a court pleading or action to do something to enforce a court judgment. Enforcing a judgment, whether one for money damages or for eviction, is done by execution on the judgment. A judgment holder on a debt can execute the judgment by attaching the defendant's assets or garnishing salary. One way to force payment is to execute or levy on a defendant's assets. Sometimes the location of those assets is unknown and a court will give the judgment holder the right to bring the defendant in to declare his assets and tell where they are. Not every state will do this. The judgment holder applies for an order to compel the defendant to appear. This in an effort to aid in the execution of the judgment. hence the phrase.
I recently received a civil case judgment which the defendant was found personally liable not his business?
If the defendant was found personally liable, you may not receive much from this judgment. A judgment just says the money is owed, it doesn't provide the remedy for paying it.
What happens if you don't appear in a civil suit court case?
The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.
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 is the difference between an abstract of judgment and a judgment?
An abstract of judgment is a statement written as a summary of a judgment. It generally outlines any money owed by the plaintiff to the defendant or claimant in the case.
