There is a bit of confusing concerning the terminology used in the question. A judgment writ is issued to the plaintiff if the lawsuit is won. The judgment can then be executed pursuant to state statutes. The process of filing a lawsuit can begin by contacting the clerk or the administrator of the court of jurisdiction or by retaining legal representation.
The creditor (holder of the note) would need to file a lawsuit in the court of jurisdiction where the debtor(borrower) resides. If the creditor prevails in the suit a judgment will be entered against the borrower. The creditor can then execute the judgment in accordance with the laws of the debtor's state.
No.
If you have had a judgment entered against you and have not paid, the prevailing party can request that the court garnish wages or property in order to pay the judgment entered against you. -J
Memorandum of judgment is a brief summary or outline of a judgment which specifies the name of the court that entered the judgment, date, amount, name of the party in whose favor and name of the party against whom entered.
You need the advice of a solicitor (attorney) to do this.
If you fail to appear in court a default judgment can be entered against you
Yes, but the judgment may not be discharged in BK without compensation.
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
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.
The creditor(lender) will more than likely have to file a lawsuit against the debtor (borrower) to recover monies owed. If the creditor wins the suit a judgment will be entered against the debtor. The judgment can be executed according to state laws against any nonexempt property belonging to the debtor. The judgment holder should use caution when seizing property, as they can be penalized for incumbering exempted property of the debtor or possibly jointly owned property. The safe and expedient method of enforcing a judgment is by wage garnishment.
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.
Probably, in most cases a judgment is entered against the defendant. A judgment will remain on a person's credit report for seven years from the time of entry and if renewable can be reentered on one's CR. The length of time a judgment remains public record depends upon the laws of the state in which the judgment is entered.