jailbreak Posted January 10, 2011 Report Share Posted January 10, 2011 Hello,Anyone knows what to do after judgment?Judge sided with plaintiff attorney OC.Does anyone know how long it takes them to start garnishing wages, etc...I'm planning to borrow funds to pay off.Thank you for all your help here...not a good lawyer? Link to comment Share on other sites More sharing options...
MrPunch Posted January 29, 2011 Report Share Posted January 29, 2011 Borrowing funds to pay off??? Sounds like you're asking for more trouble. They can start garnishing almost immediately. So be prepared. Pull out the money from you bank. You can try to negotiate and hopefully settle the amount. They will say no, but you can threaten them with bakruptcy and see if they bulge. Expect serveral "NO"s before you get an "OK". Just hold your ground. You have nothing more to loose at this point. Also, depending on the state you're in, you might still be able to file an appeal in higher court and take a chance there, although that wouldn't stop them from garnishing at this point, as far as I know, but it will definitely give you a lot more ground to negotiate and settle the amount. Link to comment Share on other sites More sharing options...
workingpoor Posted January 29, 2011 Report Share Posted January 29, 2011 (edited) Hello,Anyone knows what to do after judgment?Judge sided with plaintiff attorney OC.Does anyone know how long it takes them to start garnishing wages, etc...I'm planning to borrow funds to pay off.Thank you for all your help here...not a good lawyer?At least you tried. I just rolled over and got a default judgment. I'm in NJ also, and had the same thing happen to me. They can act immediately or they can take their sweet time. The good thing about NJ is you WILL be notified of the garnishment writ first, so it won't be much of a surprise. They'll have to get an itemization of your income to debt ratio first... I forget what it's called ..In my case it was only a few months between default judgment and getting a writ of execution from the sheriff. Try and work out a payment plan with the attorney, I know it'll make you want to throw up, but try. If they aren't going to play ball, wait till you get a writ from the court officer. He will most likely be more willing to make payment arrangements with you. Good luck! Edited January 29, 2011 by workingpoor Link to comment Share on other sites More sharing options...
kal Posted January 30, 2011 Report Share Posted January 30, 2011 Maybe you could appeal to a higher court? Maybe even the threat of appealing may give you a little leverage in settleing? Might be worth looking into. Link to comment Share on other sites More sharing options...
jackson212 Posted January 30, 2011 Report Share Posted January 30, 2011 a threat of appeal wont do anything. once a judgment is entered there's nothing you can do to scare them, except to actually vacate the judgment or file the actual appeal and then win the appeal.workingpoor why not try vacating the judgment, if you have a good reason why you didnt answer... Link to comment Share on other sites More sharing options...
workingpoor Posted January 30, 2011 Report Share Posted January 30, 2011 workingpoor why not try vacating the judgment, if you have a good reason why you didnt answer...I've given alot of thought about it, trust me, but "ignorance and fear" probably wouldn't cut it as a defense. Link to comment Share on other sites More sharing options...
BV80 Posted January 30, 2011 Report Share Posted January 30, 2011 I've given alot of thought about it, trust me, but "ignorance and fear" probably wouldn't cut it as a defense. Can you appeal? In my state we can appeal based upon mistake, inadvertence, surprise, or excusable neglect. If the Plaintiff was a JDB and the amount of the judgment is large enough that you feel it would be worth your time...it wouldn't hurt to look into it. Link to comment Share on other sites More sharing options...
workingpoor Posted January 30, 2011 Report Share Posted January 30, 2011 Can you appeal? In my state we can appeal based upon mistake, inadvertence, surprise, or excusable neglect. If the Plaintiff was a JDB and the amount of the judgment is large enough that you feel it would be worth your time...it wouldn't hurt to look into it.Wow, I can make any one of them reasons work. I'm definately going to look into it now. I've got nothing at all to lose. Midland is the owner of the judgment, so fighting a JDB is going to be easier than an OC... Link to comment Share on other sites More sharing options...
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