0
Can a Superior court judge tell the losing defendant in a small claims appeal case that if they file bankruptcy they won't have to pay the judgment?
This is an iffy one. While the judge is not allowed to give legal advise to anyone (thereby keeping his duty to be neutral), he is also free to control his courtroom in any way he wishes. Since state laws can vary widely on this issue, I would contact your state's Commission on Judicial Conduct for more insight.
What else can I help you with?
When are civil suits paid?
When the Defendant has the money! Joking, of course. This question leaves out a lot of information. Is there a settlement, a judgment, an appeal? Generally, if there is a settlement, the agreement itself dictates when payment is to be made. If there is a judgment, the Plaintiff has many tools to effectuate payment, if the Defendant is not forthcoming with the payment. If the Defendant appeals the judgment, then the Plaintiff will generally have to wait until after the appeal is heard - but this is usually ok since the Defendant will usually have to file a bond in the amount of the judgment to file the appeal (which secures Plaintiffs' damages, should the appeal fail).
Can you sue workers comp judges in superior court?
You cannot sue a judge. You can appeal the judgment.
Can a cell phone company enter a default judgment?
A default judgment is entered by the court. A cell phone company can file suit for past due payments and if the defendant does not appear in court in person or by counsel then a default judgment is entered in favor of the cell phone company. The defendant then has 30 days to appeal this judgment/
How do you legally remove a judgment that you were not served notification of?
The involved party may be able to file an appeal in the court where the judgment writ was issued. The person filing the appeal will need substantiating evidence that a reasonable attempt to serve notice of the lawsuit and the judgment that was awarded to the plaintiff was not made. In many states it is not necessary for the defendant to physically accept a summons. In some states a summons may be sent by registered mail. There is also the possibility the debt was sent to arbitration thereby circumventing some of the legal steps in obtaining a judgment. The failure of the defendant to respond results in a default verdict, meaning the defendant has lost the case. The state laws will determine if the time limit for an appeal has expired. If an appeal is possible, a judge will hear the defendant's argument, review any evidence and render a decision as to the validity of the lawsuit and/or judgment.
If you have a judgment can the judgment defendant attempt to have it reversed after a year has passed.?
Depending on what state, the party usually has approx. 30 days to appeal the Judgement. Contact the office of the clerk of the court where the judgment was filed to obtain information on its status
How do you get around a judgement legally?
To legally get around a judgment, you can try to negotiate a settlement with the creditor, file for bankruptcy, or appeal the judgment in court. It is important to seek legal advice to understand your options and the potential consequences of each.
What does reverse final judgment mean in a criminal appeal?
In a criminal appeal, a "reverse final judgment" refers to a decision made by an appellate court that overturns the final judgment of a lower court, typically a conviction. This reversal can occur due to legal errors, insufficient evidence, or violations of the defendant's rights during the trial. As a result, the appellate court may either dismiss the charges, order a new trial, or modify the sentencing. Essentially, it nullifies the prior ruling in favor of the defendant.
What options do you have when an appeal court issues a default judgment against you in Michigan?
The only viable option is for the judgment debtor to protect as much personal and real property he or she owns. Exemptions for lawsuit judgments in Michigan are the same as those that are allowed in bankruptcy. It might also be possible for the judgment debtor to use non-bankruptcy federal exemptions such as SS benefits, government/military pension, etc.
When can an appeal be made in court?
When a defendant is found guilty in the trial court, an appeal can be held in the appellate court. Appeals are often done when a defendant maintains their innocence.
Do you have to go to court for a garnishment after receiving a summons?
If the defendant does not respond to a summons, the plaintiff will usually win the case by default. A judgment will be awarded, a judgment can then be executed pursuant to state law, one option is wage garnishment. The defendant/debtor does not have to attend court. If he/she wants to protect property or perhaps have a chance to appeal the ruling, it would be in their best interest to make an appearance or retain legal counsel.
What does appeal dismissed with costs mean?
An appeal is when you ask an higher court to review a case in which you feel the vedict was wrong. So when an appeal is dismissed it means that it doesnt get looked at by the higher court.
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.
