Court Judgments – Factors Used to Make a Legal Decision

5 February 2012 by  
Categories: Debt

Court proceedings are initiated when a debtor has fallen behind on his or her payments to such a point that the lender believes that there is a real risk that the individual will default on the loan thereby leaving the lender with a large financial loss; these court proceedings, usually presided over by a judge or other court appointed officer, issue legal rulings or decisions, otherwise known as court judgments, concerning the method and amount that it to be repaid to the lender. Several factors are used to determine a court judgment and apiece ruling is one-of-a-kind to the particular situation in question. Determining factors for legal decisions include the amount initially borrowed from the lender, the amount currently still owned on the debt, the acquirable and documented assets, both financial and physical, of the debtor, and the capability or willingness of the debtor to appear before the court.

The most important bourgeois a judge uses to determine the legal and financial ramifications of a defaulted loan is the capability and willingness of the debtor to appear before the court. Many individuals at too humiliated to appear for the proceedings at all which leaves the judge tiny option than to decide in the favor of the present lender who first initiated the proceedings. Other individuals simply feel that they do not have means or wherewithal to fight the lender or the legal or financial system. Still others feel that their financial problems will go away if the ignore them or that they can simply start over from scratch.

However, the easy fact is that most judges or other court appointed officers are more sympathetic to an individual who has fallen behind on their loan payments if they show some concern for the situation and make each effort to make the situation right. This means that the debtor can ideal help his or her situation by representing his or herself in court. Simply by showing up can make a large difference in the final legal ruling. Only by showing up to the court can a debtor try and explain why he or she has fallen behind in their payments to start with by emphasizing the individualized setbacks that have led to the current financial situation.

Once a judge has taken in into statement the individualized situation of the debtor, he or she must them take into statement the financial realities of the situation. These realities are the amount of the initial loan, the amount already paid back, and the amount still owed. The lower the amount that was initially borrowed then the less hostile the judge will be. It is also a good thing, if the debtor has already repaid some of the loan. This shows that the individual had each intention of repaying the loan. Finally, when deciding court judgments, the judge will think about how much is still owed to lender. The larger the amount owed the more severe the penalties involved with defaulting.

Another concern for the court is how the debtor will be healthy to repay the loan. It is the responsibility of the prosecuting lender to bring to the court’s knowledge any and all assets that the debtor make have access to. This means that all bank accounts and all owned property must be made public to the court. The court will then use this knowledge to determine how the debtor will repay the defaulted loan.

Court judgments vary in scope and veracity depending on the particular financial situation of the debtor.

Court decisions – factors that contribute to a legal decision points

Factors used in Making a Legal Decision about Court Judgements. Get more info at my Blog about Judgements


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What type of attorney do I need for Q’s about credit card judgement causing bank account & car to be seized.

3 February 2012 by  
Categories: Debt

chidordon Asked:
What kind of lawyer do I need to Q’s caused by credit card & bank statement Judgement automobile will be confiscated.

I don’t want to file bankruptcy, because fraud was involved in my debt. (No harsh comments, please… I messed up bad, I know).

I’m inheriting a used, paid-off automobile worth $ 3000. I live in Michigan. I’m also worried about the funds in my bank account. I’m cashing a massive check and the bank requires me to deposit it for 5 days before withdrawing.

Thanks for any advice.
Best answer:

Answer by sheera1216
can you open another bank statement at a new bank? I messed up bad myself years ago and had to pay off the debt to the men in black trench coats! It takes time to make it right. Do the right thing and it will work out for you.
good luck

Give your answer to this question below!

Ive had a Judgement on a debt. i have a few questions?

6 January 2012 by  
Categories: Debt

Question by snowman_80: Ive had a Judgement on a debt. i have a few questions?
Hi, i recentally had a Judgement place against me for a debt i owed. I was wondering if any of you out there had this happen to you? I would like to know how respectful they were towards your situation? I can only afford to pay them 20 to 30 bucks a month? If you had judgement towards you please tell me how you dealt with your situation?
Thanks. I have filled out a payment form the lawyer sent me. I am sending it out tomorrowow ASAP.

Best answer:

Answer by dave_from_auburn
If you have a judgement filed against you I recommend you make payment arrangements with them pronto. If you ignore them (or the do not concur to work with you as far as payments) they have the capability to seize bank accounts, individualized property, or garnishee your consequence to get what you owe them.

Give your answer to this question below!

Fast Cash Advance – The Money you Need can be in your Account Today!

28 December 2011 by  
Categories: Personal Finance

Fast Cash Advance – The Money you Need can be in your Account Today!

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What happens if you win a default judgement against a company…?

22 December 2011 by  
Categories: Debt

Question by Nat: What happens if you win a default judgement against a company…?
and the company does not pay? What would happen next?
We’ve filed for a default judgement against a company and will most likely get what we’re asking. But this company has not responded to any lawsuits against it lately. What can we do if they do not pay?

Best answer:

Answer by ?infiniti?
Winning a judgment is just half of your battle. If they don’t pay, you could place liens on any bank accounts or any other assets that the company owns.

Add your own answer in the comments!

Cash Advance Loans: the Convenient Way to Meet your Financial Emergency

10 December 2011 by  
Categories: Personal Finance

Cash Advance Loans: the Convenient Way to Meet your Financial Emergency

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With more American’s struggling financially, payday loans are coming under scrutiny for trapping the working poor in a vicious cycle of debt. Armen Keteyian reports.
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Q&A: if you have a personal debt judgement filed against u can they intercept irs refunds. does irs check for this.

15 November 2011 by  
Categories: Debt

Question by sblainehood: if you have a individualized debt judgement filed against u can they intercept irs refunds. does irs check for this.
i have a judgement recorded against me and i am anticipating a massive irs tax refund this year. can a creditor intercept an irs refund and does the irs check for individualized judgements before they issue a refund for individualized taxes.

Best answer:

Answer by bostonianinmo
No. The only thing that your tax refund can be captured for directly is debts to the government such as back taxes, fines, etc., child support in arrears, and government backed student loans in default status.

Private judgments are not collected by FMS or the IRS. However if the judgment includes seizure of your bank accounts for paymment of the debt then they CAN grab it as soon as your refund hits your bank.

Know better? Leave your own answer in the comments!

Cash Advance America by Payday Cash Advance Loans

22 October 2011 by  
Categories: Personal Finance

Cash Advance USA by Payday Cash Advance Loans

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Online Loans: The Easiest Way to Arrange Funds, Just When You Need it

26 September 2011 by  
Categories: Loans

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Instant Loans Uk: Financial Loans at a Click

21 September 2011 by  
Categories: Loans

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