alikeith Posted January 16, 2008 Report Share Posted January 16, 2008 As some of you may know, i posted another post regarding my husband being served.He owes the money, there is no dispute there. If we dont go to court, and a judgement is filed, what happens next? Do the lawyers just continue to try collecting this? Can you usually make payments on a judegement? Can you settle on a judegement?Thanks! Link to comment Share on other sites More sharing options...
NYMatt Posted January 16, 2008 Report Share Posted January 16, 2008 I'm not a lawyer.Going from what I've read on this and other websites after a judgment is made on you depending on where you live they may be able to :Garnish your wages.Get your bank accounts.Take your cars and other personal property.Eithe seize or attach liens to real estate. Link to comment Share on other sites More sharing options...
NYMatt Posted January 16, 2008 Report Share Posted January 16, 2008 I forgot to ad that when they come for your property it will be the Sheriff that comes !88-)88-) Link to comment Share on other sites More sharing options...
jq26 Posted January 18, 2008 Report Share Posted January 18, 2008 According to my Bankruptcy Law Professor (I'm a student), just a judgement is worthless. They can either: file the judgement in the county in which you own property and then wait it out for you to attempt to sell your home (with post-judgement interest accruing) by placing a lien on the property. Or, they can execute the judgement by levy, which means the sheriff takes your property (car, boat, etc.) sells it, pays the debt, then gives you the balance. Or they can file to garnish your wages. What they opt to do depends on jurisidction, amount of debt, and your situation. But just a judgement doesn't do anything without further action. Link to comment Share on other sites More sharing options...
flacorps Posted January 18, 2008 Report Share Posted January 18, 2008 They can also levy on bank accounts. They can make you tell them what you have by means of interrogatories or depositions.Then they can file for turnover orders of anything you've got that they can't seem to find. OJ had a turnover order against him for a Rolex that was seen on his wrist. Last I heard he just handed over a cheap knockoff and said that was it... Link to comment Share on other sites More sharing options...
brokeinok Posted January 19, 2008 Report Share Posted January 19, 2008 Obviously, if none of your assets (car, house, etc) are paid for they can't just come in and take them. Link to comment Share on other sites More sharing options...
flacorps Posted January 19, 2008 Report Share Posted January 19, 2008 Obviously, if none of your assets (car, house, etc) are paid for they can't just come in and take them.At least as far as the car is concerned that may be state-dependent ... I have seen posts by collectors where they claim to have seized a car that was financed ... leaving the lender in the lurch.I'm not sure though whether the judgment might have pre-dated the car purchase and just not have been picked up on the CRA reports such that the lender wound up in a junior lien position without realizing it--the same situation might not have obtained if the car was purchased before judgment ... IIRC, the purchase of the vehicle was definitely long after the judgment was rendered.I don't think there are a lot of states where that could have happened... Link to comment Share on other sites More sharing options...
brokeinok Posted January 19, 2008 Report Share Posted January 19, 2008 What is the best way to search state statutes for this question? To find information on how judgements can be processed, what would you search under other than the obvious, garnishment, property seizure? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 19, 2008 Report Share Posted January 19, 2008 You can bet the first thing they will do is freeze your bank accounts and garnish your wages.. since its legal in your state.. I would find other outlets for your money ASAP.. and leave very little in the account because trust me that happens with NO warning Link to comment Share on other sites More sharing options...
jq26 Posted January 20, 2008 Report Share Posted January 20, 2008 Obviously, if none of your assets (car, house, etc) are paid for they can't just come in and take them.No, but they can put a lien on your property. And then just renew the judgement every so often to make sure it doesn't lapse. You'll never be able to sell it without satisfying the judgement which will grow in size due to statutorily set % rate. Link to comment Share on other sites More sharing options...
kb9tbq Posted January 20, 2008 Report Share Posted January 20, 2008 As some of you may know, i posted another post regarding my husband being served.He owes the money, there is no dispute there. If we dont go to court, and a judgement is filed, what happens next? Do the lawyers just continue to try collecting this? Can you usually make payments on a judegement? Can you settle on a judegement?Thanks!If a judgment is won, you might try offering settlement for dismissal of the judgment, then once it is paid get the dismissal from the court house and forward to the credit reporting agency for them to remove off of the credit report. Link to comment Share on other sites More sharing options...
kevin3344 Posted January 21, 2008 Report Share Posted January 21, 2008 If we dont go to court, and a judgement is filed, what happens next? Do the lawyers just continue to try collecting this?IMO you always want to go to court, even if you think you will lose. Opposing counsel might not show up! However, even if they do you can tell the judge your side of the story and try to work out a payment arrangement on the spot. When I was in court the judge asked the parties go into the hallway and try to reach an agreement before she heard the case. Worst comes to worst tell the judge you'd be willing to make payments if plaintiff draws up an agreement. In the agreement you can have it read that they won't come after your assets or garnish your wages as long as you making the payments on time.It's better than just losing not knowing what's going to happen next. Link to comment Share on other sites More sharing options...
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