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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.
Can a defendant sue a victim for damages in a legal case?
No, a defendant cannot sue a victim for damages in a legal case.
What happens if a defendant cannot pay damages in a legal case?
If a defendant cannot pay damages in a legal case, they may face consequences such as wage garnishment, seizure of assets, or a payment plan being set up. In some cases, the court may also order the defendant to perform community service or face other penalties.
How can a judgment be enforced if the defendant refuses to pay?
If a defendant refuses to pay a judgment, it can be enforced through various legal methods such as wage garnishment, bank account levies, or seizing assets. These actions are typically carried out by court officers or collection agencies on behalf of the plaintiff to compel the defendant to satisfy the judgment.
What happens if the defendant cannot pay a court settlement?
Lots of possibilities, but some common one are:A court order can be obtained to garnish the wages of the defendant. Based on the amount and how much the defendant makes, a percentage of each pay check will be sent to the court to pay the debt.Any assets or property owned by the defendant can be confiscated and put up for sale to cover the amount owed.The defendant can be charged with contempt of court and jailed for not obeying a valid court order.
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.
Can I sue myself for any legal matters?
No, you cannot sue yourself for any legal matters as a person cannot be both the plaintiff and the defendant in a lawsuit.
Can you sue yourself in a legal case?
No, you cannot sue yourself in a legal case because a person cannot be both the plaintiff and the defendant in the same lawsuit.
What happens if the defendant wins a civil case?
The loser pays for both sides' legal expenses.
Can a request for default judgment be filed if there was no summons?
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
What assets are protected in a wrongful death suit in the state of Tennessee?
In general a plaintiff who receives a judgment for personal injury or wrongful death can execute the judgment against all property belonging to the defendant until the judgment award is satisfied. Anyone named as a defendant in a personal injury or wrongful death suit should retain legal counsel immediately and refrain from discussing the matter with anyone other than their legal representative.
What is the process for obtaining a default judgment after service by publication in a legal case?
After serving the defendant by publication, the plaintiff must file proof of service with the court. The plaintiff then needs to wait for a specified period of time for the defendant to respond. If the defendant does not respond within the given time frame, the plaintiff can request a default judgment from the court. The court will review the case and may grant the default judgment if all requirements have been met.
