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File a "foreign judgment" against the real property owned by the judgment debtor. This is done by contacting the tax assessor/land office in the county where the debtor resides. If the debtor does not have real property that can be encumbered by a lien, the judgment holder will need to secure a domestic judgment (requires another suit) from the state court in the county where the debtor resides to seize personal property or garnish wages for the repayment of the debt.
What else can I help you with?
If you are given a judgment by the court and the defendant disappears what can you do?
Have the judgment recorded with the recorder's office in whatever state and county you are in. It won't help you collect on the judgment, but if that person tries to sell or buy property there will be a lien that will have to be cleared up prior to doing either.
What if the defendant is in a different state Can you file a small claims case then?
You can file a small claims case against anyone, anywhere. Out of state Defendants are normally served Summonses by the deputy sheriff or constable in their home state. If they fail to appear in the court designated on the Summons, a default judgment can be entered against him. The difficulty in this type of situation is that the service of the Summons will cost more and a judgment is more difficult to collect on. If a judgment is won by the Plaintiff in a situation like this, he has to have the judgment "domesticated" in the Deft.'s state, then proceed on collecting on the Judgment according to that state's laws.
When a judgment has been refiled does the defendant have to be notified and if not what do you do?
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.
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 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 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.
In the state of Texas what happens after a default judgment?
A default judgment is nothing more than a judgment obtained because defendant did not show up for court. In Texas, when a default judgment is entered, the petitioner gets all that they have asked for.
You are the plaintiff you have been trying to collect on a personal loan through a wage garnishment There is still an outstanding balance of 15000.00 The defendant has just moved to another state?
You now need to "domesticate"(file) that judgment in the other state's judicial circuit where the respondent now resides.Thank you very much.
If you are in NJ and have been awarded a judgment in SC how can you collect?
In most cases, you have to officially register the judgment in the state where the assets are located. Once you the judgment has been entered in the new state, you can use the laws of that state to go after the debtor's property.
Does California have jurisdiction regarding a child support judgment for arrears if you move to Arizona?
The State where the judgment was entered, the State where the child[ren] live and the State where the obligor lives all have jurisdiction to enforce such a judgment.
If you want to start a wage garnishment and already have a Writ of Judgment do you need to follow the laws in the creditor's state or the debtor's state?
You can only conduct a wage garnishment in the state where the judgment was entered. If the debtor lives in another state, you will need to register the judgment where the debtor lives and use the laws of that state to start the wage garnishment.
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
