default judgement?

Question by Fredia b: default judgement?

Best answer:

Answer by cou
When you get a summons to go to court and you don’t show up at the appointed date/time, you will get a default judgment against you based solely upon the fact that you didn’t show up…So the other side wins by default and you will end up having to pay money…even if you didn’t owe it in the first place.

NEVER ignore a summons to go to court.
What do you think? Answer below!

What can a creditor do to collect money from unsecured debt once a judgement has been issued by the court?

Question by stemwad12954: What can a creditor do to collect money from unsecured debt once a judgement has been issued by the court?
My girl friend can't and will not pay a credit card debt for ,000 and has recieved a summons from a sheriff to appear in court. If she does not appear a judgement will be against her. Can they attach or take any of her assets or money from bank accounts to pay back the loan?

Best answer:

Answer by CatDad
A judgement would allow them to freeze checking accounts and garnish wages. If she has a home they might place a lien on the property

DO NOT be a no-show in court under any circumstances whatsoever. Not showing up is the worst thing she can possibly do. Even if you are frightened….or you’re sick with a 102 degree fever…or if you think that you’d loose, show up anyway! If you don’t, the other side will get a default judgement and they will get this on THEIR terms. Creditors LOVE when you don’t show up in court. They will paraphernalia on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt. They could freeze her checking account. Even worse…they might be healthy to garnish consequence and if you don’t show up the judge will allow the max. allowable remuneration garnishment…which can be as high as 25% of her wages.

On the court date: Bring complete documentation of your income and living expenses: Pay stubs and duplicates of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms.
==================
Regarding the advise below: no… as long as she shows up in court and tries to negotiate with them they cant garnish her assets or anything.

This is completely incorrect. Showing up in court could help you to negotiate a much lower rate of garnishment…but it can't stop them from getting a garnishment.

Add your own answer in the comments!

Q&A: How long will it take for divorce to be finalized w/ default judgement?

Question by sweet_sunshine_74: How long will it take for divorce to be finalized w/ default judgement?
I’m in Florida, I *think* my ex is in Oklahoma. I filed for divorce, the papers were served to him on Might 3rd, and he had 30 days to respond. He did not respond, so my lawyer is now taking the papers to court to file a default judgement against him. What will happen next? Will I get what I asked for in the papers? How long will it take?
By the way, there are two kids involved, I have custody (he’s had no contact in 4 months or more), there’s no joint property (just some debt).

Best answer:

Answer by webned
After the judgment is signed the court still retains jurisdiction of the matter for a period of time. Usually its 30 days. You’ll get whatever is in your possession that is awarded to you, and you should be healthy to obtain things in accounts held by others (savings, checking accounts, etc.) If your ex has things he is indebted to turn over to you, you ask for him to comply with the decree, and if he doesn’t, get your lawyer to file a motion to hold him in contempt. He then will have the choice of compying or going to jail.

Give your answer to this question below!

Q&A: How soon after default judgement can they garnish wages in CA?

Question by thizzlepr: How soon after default judgement can they garnish consequence in CA?
My husband recieved a request for default judgement yesterday, how soon can they get a remuneration garnishment.

Best answer:

Answer by Scott K
Immediately. After the court allows the judgment.

Add your own answer in the comments!

Judgments – How to Remove it From Your Credit

Judgments – How to Remove it From Your Credit

A judgment, default judgment, and credit card judgment all mean the same thing.

A judgment means you have been found legally responsible for a debt. This finding has happened in a court of law.

The creditor has sued you and won their case. This gives the creditor legal grounds to have your consequence garnished to pay back the debt.

This is a very bad mark to have on your credit and will cause your credit score to be lowered. Often collection agencies will try and win a judgment. Judgments can happen with any form of unsecured debt.

This mark will remain on your credit file for 7 – 10 years. It depends upon what say the case was filled in and what the statutes of limitations are in that state. It is also common for lenders to seek a renewal judgment if the debt has not been repaid at the end of 7 or 10 years.

This makes it very difficult to ever remove a judgment from your credit. However it can be done and with a tiny luck you might not even have to pay it.

I advocate you first disputing the judgment with the credit bureaus. This is done by writing a dispute letter in which you explain why the listing is wrong and should be removed.

The bureaus will then hold an investigation. They will try and verify the debt and the amount of the debt with the lender or collection agency.

If they can not verify the statement is accurate then it must be removed from your credit report. It is common for investigations to result in a mark being deleted.

However a judgment is such a severe mark that it doesn’t have as good of chances of being removed. This often means you are stuck with the listing.

However in some cases a judgment is not correct. Thus the mark should be removed and you should not be responsible.

This is the time when you should think about a credit attorney. They have an expert knowledge of credit laws and the capability to go to court if necessary to establish that the judgment is wrong and should be removed from your credit.

You can actually hire a credit attorney at a reasonable rate. Lexington Law has 22 credit attorneys on their staff and they can be hired at under a month for the top of the line service.

Related Default Judgement Articles

Default Judgement??

Question by CL: Default Judgement??
I just got a letter stating that I have a default judgement signed against me from a credit card debt. What happens next?

Best answer:

Answer by echo
If you live in a say that grants remuneration garnishment, then the collector would probably try to get a writ of garnishment.

Looking through your past Q&A’s it looks like you live in Texas? If so, remuneration garnishment is not granted for easy money debt judgments such as credit cards.

They might try to seize your bank accounts, if they haven’t already. If the assets in your bank accounts don’t cover the amount of the judgment, then they might try to place a lien on your home or other assets that are allowable under the Texas homestead exemption laws.
They “cannot” force you to sell any quality to pay the judgment.
They would have to move for you to sell, then move in line to be paid over previous lien holders, such as your mortgage holder.

They might request an quality hearing. If they do then do not miss it. Fail to show for an quality hearing and the judge could place you in contempt of court.

It will probably be entered on your credit reports.

They could do any of the things I mentioned or, if you have nothing for them to seize or lien, they could sit on the judgment until you have something. They could continue to renew the judgment until it’s paid or they might just let the judgment expire.

Know better? Leave your own answer in the comments!

Some Thoughts on Bankruptcy

Some Thoughts on Bankruptcy

If you have found yourself overburdened by debt and your income at the present time is not enough to cover your bills than you might want to think about bankruptcy as one of your options. If this is the case then there are a few things that you will want to take into consideration. You sertainly don’t want to let your creditors know that you are considering bankruptcy, or they make the preemptive move of seeking a default judgement against you.

If you are going to try to negotiate with your creditors then you should seek out the help of a credit counselor who can assist you in this area. If you have prefabricated the decision file for bankruptcy then you will definatly need the help of a eligible bankruptcy attorney. After your attorney files the papers at the court clerks office your creditors will then be notified that you intend to have your bills discharged.

This will be the beginning of your creditors trying to negotiate with you seriously. Your attorney can advise you on these matters, because one of the things that they will try to get you to do is to reaffirm your loans which will make them exempt from bankruptcy proceedings. Depending on what they are offering you you might select to do this and this is quite often the case.

You have to bear in mind that a bankruptcy will alteration your credit for years to come and it will be very difficult to get credit with a bankruptcy on your record. There are many things that a good credit councilor can do for you such as arranging a low interest individualized loan that you can use to pay off any burdensome high interest debt that you might have. It is important to bear in mind that bankruptcy should always be your last resor

More Default Judgement Articles

Can You Save Your House in Case You Default Your Mortgage Payments?

Can You Save Your Home in Case You Default Your Mortgage Payments?

-Mortgage payment protection
-County Court Judgement
-Payment holiday

If you have had a large amount of mortgage and are unable to pay back on time, there is a risk of losing your collateral. In case of a secured loan, home is used as a collateral. Remember that if you forget to pay up your monthly dues, you might stand to lose your house. Therefore, it is essential to pay off your bills on time. Think of a worse situation, when you might have lost your job, you are sick and bed ridden. How would you make your repayments?

Simple, you can protect your loan payments in times of redundancy, sickness, accident, loss of job etc. You will not lose your house, if you apply for a payment endorsement policy. You can either apply for a payment endorsement with your loan lender or you can apply with another lender. This payment endorsement insurance, will help you meet up the monthly loan amount. It helps you in a crisis situation, where in you don’t have to fear losing your home as you are unable to repay. Your insurance company will pay on your behalf, and helps replace a portion of your income.

Your secured loan is the most important financial commitment to you. This is because your home is used as a security and in case you change to repay, it will be a disaster if you don’t have a endorsement policy in place. What are you inactivity for, if you are applying for a secured loan, do not forget to protect it. Also remember that it is not mandatory to get a endorsement cover along with your loan. If a lender misleads you that it is part of the loan and you must apply for it, the, be sure he is deceiving you!

The other option to save your home in case of loan defaults is CCJ (County Court Judgement). You can file for County Court Judgement if you want to save your house. The court will set your repayments based on information you wage about your income and spending. You can request for a payment holiday till the date you get another job. No lender will harass you or run any court proceedings against you while you have asked for a payment holiday or file a CCJ. This way you can protect your valuable collateral from being confiscated by the lender.

For most people, their mortgage is the most important financial obligation because their homes are secured by it.  Failure to meet mortgage repayment guidelines can result in repossession.  Many properties have been saved by the assistance provided by mortgage insurance.  Mortgage endorsement insurance is routinely sold in combination by banks and lenders, but this packaging of loans and insurance has come under fire in current years.

Related Default Judgement Articles

Judgements, Liens, and Other Legal Issues

Judgements, Liens, and Other Legal Issues

In the field of debt collection and delinquencies, judgments and judgment risk factors are a very real concern. Will a creditor sue and seek legal judgment against me? If he does, what type judgment might it be? What exactly is a judgment and what can I do about it? These are just some of the questions answered in this judgment article. But please note. The content of this article is for consumer knowledge of judgments and legal lawsuits only and it is adopt the reader will act responsibly towards his/her debt.

RISK FACTORS

Collectors must stay by the their state’s Statute of Limitations (SOL) for the amount of time to sue a debtor for payments. Therefore a consumer’s first step is determine if the SOL for collecting a debt has past.

If the SOL has not passed, the consumer must weigh the risk bourgeois of a judgment against them when determining if they should pay a delinquent debt. A judgment could grant the creditor to garnish consequence or hire an dominance to come get your property. However, it is doable it might not be in the creditor’s ideal interest to do so. Sometimes it is simply too much time and expense for a creditor to take action against you. But the possibility does exist.

As said at Credit Info Center: “The risks of judgments, garnishments, and property seizures must be properly balanced against the likelihood that such drastic collection measures will ever happen. The risk, and the decision to take that risk, are entirely yours if you’re in such a position.”

DEFINITIONS

JUDGEMENT – a decision issued by a court at the end of a lawsuit. If in the favor of the creditor it not only verifies the debt but can increase the debt by adding interest, court costs, collection fees, and attorney fees an might extend up to 20 years on a credit file. A decision in favor of the debtor makes the debt uncollectible and might include reimbursement of legal costs to the debtor.

JUDGEMENT PROOF – a debtor has tiny or no property that a creditor can legally take to collect in the foreseeable future.

PRE-JUDGEMENT ATTACHMENT – a legal procedure which lets an unsecured creditor tie up property before obtaining a court judgment.

DEFAULT JUDGEMENT – If a consumer is sued and does not file papers in response to the lawsuit in the prescribed time limit, the plaintiff can ask the court to enter a judgement against the debtor and is an automatic loss of the case. A default judgment can be set aside but this is uncommon and circumstances must be notable to justify such a turn.

LIEN – a lien is a notice that a creditor has attached property. The consumer can't sell the property without paying off the creditor because the lien makes the “title” cloudy.

SECURED DEBT Property that is bought using the property itself as collateral on the loan is considered secured. Credit cards are considered unsecured but tax debt is considered secured.

What can a creditor do?

Creditors from secured debts might be healthy to obtain a judgement for repossessions. Mortgagors can depose and landlords can evict. Garnishment or taking of consequence is an option of any creditor. The decision to sue a debtor is usually based on the amount owed (usually over 0), the cost of getting it back, and whether there is a reasonable expectation that something can be collected.

If the matter can be sorted out with the mortal making the claim before it goes to court, it will be cheaper. If you lose in court, you risk having to pay the other side’s costs. Even if you concur that you owe the money but don’t concur on the amount, you can try to negotiate the matter before it goes to court. If you reach an agreement, you will need to submit an agreement as to judgment form in the court, which tells the court that there is no need to have the matter heard.

Some judgments can be fought by challenging their validity. For example, default judgments at times can be reversed by claiming the debtor was never served or was ignorant of the facts. Before reversal, however, you must back up the claim with facts. Judgments which include selected stipulations, can be reversed if the debtor can establish coercion or misrepresentation. Of course winning an appeal in a higher court can reverse a decision as well.

Payment of Judgments

Once a judgment has been issued, settlement might still be an option if the debtor and creditor can come to terms. This is often the case when dealing with a temporary judgment-proof debtor who will have assets freeing in the future. The creditor might want the debt cleared sooner and might be willing to settle.

Contrary to favourite belief, a judgment can be removed from a credit file by the creditor. This requires a clean amount of work and therefore the creditor would have to be motivated to do so in some way.

Readers will probably be interested to know Mike, the author of this article, also offers a free debt elimination mini-course via e-mail. You can enroll at Debt Free In 7.5 Years.