A judgment is simply the official decision of a court at the completion of a lawsuit. It merely indicates that the court has resolved the issues brought before it in a lawsuit in favor of either the plaintiff or the defendant. It generally stipulates a monetary award to the winner. Where very-large awards are concerned, a judgment is frequently placed ‘on hold’ pending the outcome of an appeal to a higher court.
In civil lawsuits, enforcement of a judgment is not handled by the court that handed down the decision. Instead, enforcement is left in the hands of the parties in the lawsuit. While most people comply with the court’s order, there are exceptions that require the winning party to take further action to collect the funds that were awarded. In addition to resolving the issues themselves, a judgment in civil cases almost always pays both damages and court costs to the party that prevails.
Perfecting a Judgment
Once a court of law hands-down a judgment, the next step is for the winning party to ‘perfect’ it. While specifics for doing this vary somewhat from state-to-state, perfecting the judgment is always the initial step. To accomplish this, it is important to make certain that the court’s written decision of judgment has been signed by the judge and actually filed by the clerk of the court. Generally, the court will retain the original and supply what is called ‘a conformed copy’ to the judgment creditor (winner).
In many states, Notice of Entry of the judgment must be given to the judgment debtor (loser). The date that the order is issued often determines the time period which the debtor has if he wishes to file any appeal.
Escape Through Bankruptcy
It is possible to discharge the amounts owed under many judgments by filing bankruptcy. However, there are exceptions, including judgments for the payment of child support and delinquent income taxes. Judgments also show on your credit report as they are a matter of public record and are usually discovered by the three main credit bureaus. They are not necessarily considered any more heavily than any other debt you owe and will be added-in to calculate your total indebtedness.
Appealing a Judgment
While a judgment is a lawful order from a recognized court of law, it may be appealed to a higher court if there is sufficient reason to believe that the issuing court erred. Ordinarily, this is a decision that requires a skilled attorney who is thoroughly familiar with both your case and the rules of the appellate courts. In some instances, new evidence may be grounds for appeal and if the appeal is granted, the original court is usually ordered to re-hear the matter. In most cases, appeals are filed only where larger sums are involved because of the additional court fees and attorney’s fees involved in a further legal proceeding.
Collecting on a Judgment
Obtaining a legal judgment does not necessarily ensure that you will ever collect the amounts awarded to you by the court. It merely gives you the right to take any lawful steps available to do so. You can get paperwork for pretty cheap using a Legal Zoom Promo Code for any legal transaction, could give you a heads up on this. This may include seizing property or other assets, forcing a Sheriff’s sale or even garnishing monies due to the debtor. Many civil lawsuits are never even filed because an investigation fails to turn-up enough assets to make the additional costs worthwhile.
{ 28 comments… read them below or add one }
i have a credit card with Chase and I owe around$6000.00 the Collectors wanted me to pay $1583.00 by the end of the month I told them I get paid on the first but they insisted on the last day of the month. I mailed in a sum of what the statement asked for but not the exact amount. They said if they dont get the amount they specified they will set a judgement against me. I mailed in a thousand. Can they still get a judgement against me when I am willing to pay what I can? Why are they being so ignornat, I am trying towork with them. One day should not make a difference. If they want their money they should accept what I can pay. I am having a hardship and have been ill. Can you let me know what is going to happen and what they will do. I am not well and have many other obligations. Please help me to understand their way of working against me or for me. I want to pay as much as I can but they are wanting a larger amount then I can afoord. I told them about my other debts. How can I give them what I cannot give them only what I can. Thanks
They can’t get a judgement against you without filing a law suit first. I wouldn’t pay them anything at all unless you get an agreement in writing as to exactly how much you have to pay. Also, I would send them a demand for Debt Validation under the Fair Debt Collections Practices Act to make sure they even have a legal right to collect on the debt.
I should also mention, you can get an attorney to represent you for a couple of hundred bucks which may be worth it. They are much less likely to be so unreasonable with an attorney.
A few years ago I was hit from the back in a car accident. I was fine but was forced to go to the emergency room to make sure everything checked out. The hospital never billed my insurance like they should have and sent the bill to a credit collection place. I went back and forth for three years between the credit people and my car insurance. It was finally paid in full and the credit agency is claiming I owe them money from a judgement they had passed against me. I never received a bill stating the amount owed and they claim they had been trying to reach me at a number I have not lived at for over 4 years. I randomly called there and they said I have to pay this money in two days. Is there any action I can take? I should not have to pay anything when its no fault.
Bella,
I used to be a legal assistant for a collections attorney (less than a year ago). Here's what you do… send the collection agency a letter by certified mail (so that they have to sign for it and you have proof they received it) requesting "validation of the debt." They can't do ANYTHING to collect on that once you make that request until they comply and provide you with documentation. In the meantime, get documentation from the hospital showing that the bill was paid by your insurance agency. When you request validation of the debt, the collection agency will have to contact the hospital and get documents showing what you owe… if it was paid as you said, they shouldn't be able to do it. If they do in fact have a judgment against you (which I doubt b/c in order to get a judgment, they would have served you with papers asking you to appear in court – and if you haven't received them, they have no judgment – if you did receive them and didn't show up for the court date, they might have a judgment), then you will need to show that the money owed has been paid. They can't make you pay it twice.
If you have a judment against you in the state of texas can they take money out of your checking acct?
I currently have a judgment going with capital one and their law offices. They got there judgement for $2400.00. They will not work with me on a payment plan and or anything. They want it paid in full or in two payments. Thats just not possible as I dont have a job. They are calling me like 5 times a day and harrassing me and saying I will go to jail if I dont pay it off and work with them. Help I dont know what to do…
could you please let me know what happened,as capital one is after my husband now. thanks
if my contractor who build my home is now trying to sue me for extra's that he says he put on my house and he did sign at that title company that nothing is owed to him would he be able to put a lien on my home?
i wonder sure i filed bankruptcy.i just founded out that a credit card company is going to take me to court and file a judgment..i have outstanding credit with them till hurricane katrina.After the hurricane every thing change we are still trying to make ends meet.my balance on my card after the hurricane was 450.00 we have been displace for a while, the card is now 2000 which is interest they have added.and the times i have spoken with them they are not trying to work with me.At this point i told them take me to court,file a judgement. and when we get in court i will tell the judge,after hurricane katrina my #1 thing had been living from place to place and trying to feed my child.
A law firm is trying to collect $250 from me for a doctor's office where I missed one appointment without cancelling(because of family death). Pre-judgement, they allowed an extension on payment because I lost my job. Now that they have a judgement, they said I will either be subpoenaed, or someone from the court will go into my bank account and withdrawl the funds without my permission. Will this actually happen?
I INVESTED 10,000.00 WITH BEST DIAMOND CORP. BUT I DIDN'T KNOW THAT WAY THEY WORK IS LIKE PYRAMID AND I WAS ONE OF THE LAST ONES THAT I INVESTED WHEN FBI CAUGHT THEM. BUT THE FBI PEOPLE SAY THAT THERE IS NOT ENOUGH MONEY TO PAY FOR ALL THE PEOPLE, SO NOW ONE OF THE EMPLOYEES THAT USED WORK FOR THEM, CALL ME IF I WOULD LIKE TO MAKE A "JUDGEMENT" THE PRICE IS $810.00…TO BE HONEST I'M VERY SCARED CAUSE I DONT WANT TO SPEND MORE MONEY. WHAT DO YOU GUYS RECOMMEND ME TO DO??
do you have to appear in court if a judgement is filed aganist you in the state of N. C.
do you have to appear in court ifugement is filed agaist you instate of colorado
I was named as a defendant in a case where my son hired Empire Carpet to replace tile in my condominium. A subcontractor (hired by Empire Carpet) was using water to cut tile outside my condo, in the common area, at the stairs. My neighbor (claims) she slipped and fell on the stairs due to water left by the subcontractor. A judgement in the amount of $57,000 was signed by the judge on 4/20/09
My attorney said that this case is not over and they will still come after me for money. Is my attorney tring to get more money from me or is he right – can the plaintff continue with a case after a proposed judgment is ordered and filed?
I owe a student debt for around $8000.00 and i called the attorneys office to make arrangemnts to avoid court levyor garnishements and all ofthe legal process , well finally that im back on my feet and with a job i called them and spoke to someone to make an arrengement on payments of $200.00 a month , after the call she told me i would be recieving a judgement in the mail because they cannot accept my payments as from what she said it is not enough to satisfy what they would like which would be $275.00 ..Now my question is that would it even make sense to make the payment or how should i approach the situation? or what can happen for a judgement***Procedure wise****. ??
I need some advice. I was past due on my car payments around Christmas time about two months behind. The company turned it over to an attorney to collect, which was happening at the same time I was making arrangements with the company to bring my account to a current standing. They didn’t advice me it was turned over to the attorney, when I made arrangements and brought my account current. I didn’t know of this, until I was served paperwork of my court date.
My account is current and has been current for 6 months. I have spoken to the courts and the attorney wants to keep the judgement on my record , so they do not have to open a new case, if I would fall in default again. (It hasn’t been ruled by the courts as a judgement at this time…my next step is a hearing) How do I avoid a judgement on my record? Should I hire an attorney to help me clear this matter up? What are my rights in the state of Wisconsin? Any advice will be greatly appreciated!
Thanks!
Sarah
i have to pay amedical bill of 2000.00 i have to go to a judjement can i do anygood i owe everybody how many garnishments can i get
What is the max amt. I can file with a small claims court. I took 9 pieces of jewlry to be cleaned, sizes and check mounting, The jewlar cannot find it. I took in on 3/12/09. He says he has been looking for it since I went to p/u the first of May ‘09. The value of the jewlery is about 7K to 8K, My receipt does not have the name of the store, It doesn’t have the value of jewelery ( when I asked him about that when I left items, he said not to worry about tjat). Neither does it have his signature. He doesn’t deny I brought it in. He just keeps saying he can’t find them. At the bottom of the receipt in very small print, it says if value not stated, will be assumed to be less than $100.00. Whay can I do? Please e-mail me any answers/suggestions to my e-mail @ madlynmickler#yahoo,com. I am thaanking you in advance for any help and advice you can give. God bless, Madkyn
hi my fiance and i got our credit reposrts we know our credit isn’t really good but we wanted to know what we needed to work on so that we could get higher scores so when we received our credit reports we were very surprised and upset that he has a judgement for 400.00 dollars from a person we had tried to buy an apartment from back in 2006 and even worst because the judgement was suposedly posted in 2004 how the heck could that be so i called the court and explained to the lady that he was the one that didn’t give us all our money and that we had never heard of the judgement and that how come it was from 2004 if we hadn’t even met this guy untill 2006 she told me that the judgment was made in 2004 and that it was for 400.00 dollars and that there was nothing she could do about it and that we should get a lawyer we don’t have money for a lawyer and we don’t know what else we could do to get rid of these judgment especially since the man that put it against my fiance is now deceased. if anyone has any advice it would really be apreciated.
Hi, can you email me your answer, in 2001 i was ordered by the district court to pay 45000 to the ATO, they did not mention it until 2009 january, and telling me that they want me to go bankrupt, how long after the order do they have to chase me up, i thought 5 years and it gets forgotten about, and secondly as i cant pay the money, what in the world will going bankrupt do for the ATO, they still dont get there money, all they do is make sure i have no life for the next 5 years, please reply, when i rang them up they said they will send me court papers shortly, its been 5 months since then and still nothing, i have to put my life on hold until they send those papers out, and then my life will be on hold until after the bankrupt term runs out….
I need help desperatly on a few judgements on our credit. I have tried working with the attorneys handeling the judgements, and I have one attorneys office that if i do not give them information on where our employment comes from our our yearly income what we bring in they refuse to help at all. They are digging into our personal life now. I wanted to claim bankrupcy and we did not have the sufficent income to show that we could afford to claim chapter 13. We wish t keep our home and work with all of our debts in one monthly payment and try to avoid bankrupcy. With all ofF judgements I am not sure how to do this, we need legal help and I hope not to file bankrupcy. I do not know where to turn. The one attorneys office would not call me back until I told them where my husband works all of our personla information. He was laid off for several months and we have been suffering severly. I have two judgements and i was supposed to make a payment on saturday and I was unable to due to financial distress. I want to make these payments this week what I am able to but do not like the fact they have issued judgements against us. We need help.
We need help on our credit debt, over the last few months I have had a police officer at my door delivering me judgement papers due to financial hardship which is embarrasing enough. Have seeked legal advice whilre my husband was out of work and we do not know where to turn. I ant to avoid bankrupcy we have defaulted with our morgage last year with payments trying to pay these harrasing creditors/attorney offices that were threatining us making us very scared if we defaulted on a payment what would happen. It was not fair. I have had my family called and We have been embarrased to no end. I keep hoping we win the lottery or something to get out of the situation we are in but nothing seems to happen to help us with the trouble we are in. We have three judgements I believe is correct. I was told even when we make monthly payments the judgement will remain, We have one attorneys office that was asking me private information and the women would not help us set up a repayment plan unless i gave her employer information of exacetly where he worked nd how much money we bring in every year. When I said I am not 100 percent sure of what he grosses each year she got very rude and would not help me set up a repayment plan, even thou I called back and left a message for a supervisor to call me. I am sick of worrying about further harrasement, and I have not amde my first payment to the attorney affice yet for the other to attorney offices that are willing to help. Every time I want to make a payment another situation arises/husbands car breaks down, or an illness with one of my kids or one bill I might have to pay and then I cant pay the other few that have to get paid. we need help. Morgage is working with us at 500.00 a month our second morgage will not help us without being very nasty and after august i hope our first morgage modifies our loan after the temporary repayment plan we are on is over.
you always have remedy for any commercial/civil/criminal transaction…
feel free to join forum:
RedemptionByMethod@yahoogroups.com
…let them know your situation…and let them know you are new to the commercial redemption process they will be very helpful…you will find priceless information that will be of great value to you and anyone you know that might be dealing with issues in court/creditors etc…
peace to you and God bless you and yours,
what are the powers of a judgement, n Texas?
I live in North Carolina. A sheriff came to our door with a final notice to enforce a judgment 0f over $18,000 from a failed business venture. He said he would be back in a few days to begin the sale of our property. What options do I have?
If you have a Judgment against you in the State of Florida can they take money out of your checking/ savings account? Should you even give them your SSN or bank info?
i have a judgment filed against me and I am getting ready to file bankrupcy; can the creditors put a lien on my car and take it even if i file chapter 7?