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What happens if a plaintiff or a defendant does not show up?
If a plaintiff does not show up, the case may be dismissed. If a defendant does not show up, a default judgment may be entered against them.
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.
Does a bail bondsman pay the entire bond amount?
The bail bondsmand does not pay the full amount unless the defendant fails to appear at trial or any hearings that require his appearance. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal
What are the antonyms for plaintiff?
Defendant, accused, respondent.
What happens if the defendant does not pick up the registered letter from the plaintiff which are copies from the small claims court?
If the defendant does not pick up the registered letter containing the copies from the small claims court, the court may consider the letter as being served. This means that the defendant is aware of the information contained in the letter, even if they did not physically receive it. The case may proceed in court based on this notification.
What happens if the defendant cannot pay the judgment in a legal case?
If the defendant cannot pay the judgment in a legal case, the court may take steps to enforce the judgment, such as seizing assets or garnishing wages.
What does it mean when a defendant declared indigent?
When a defendant is declared indigent, it means that the defendant doesn't have any assets with which to hire a lawyer or another form of legal representation and so the defendant is entitled to free legal representation.
What happens if a criminal defendant dies with charges pending?
No defendant no charges. It is done.
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.
In VA if the amount being sued exceeds the amount the auto insurance covers what will the defendant be responsible for paying if the defendant owns no real propery and has no assets but is employed?
Wages will be garnished.
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.
What happens if defendant doesn't appear in small claim court?
The defendant will most likely loose for not showing up and have to settle regardless.
When you win a civil suit from a car accident does the defendant's insurance co pay their part first and then the defendant pays the rest if they can or what happens?
If the liability limits have been exausted, then the defendant has to pay the remainder of the judgement.
Can a warrant be issued without the defendant knowing?
Yes. This happens in most cases.
in jurisdictions that permit dual pleas what happens if the competency of the defendant is questioned?
Trail
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 Plaintiff is responsible for notifying Defendant and fails to do so?
Case gets thrown out.
