What happens when a judgment is won against you?

Having won a judgment against you, it is the creditor’s task (not yours or the court’s). It is up to them to find out precisely how they can enforce the judgment in terms of unearthing the assets that they can legally attach with the judgment.

What happens if I get a judgment vacated?

If your motion is successful, the judgment is vacated and you then get to contest the case. When you are able to contest the case, you have a lot more options in terms of how to resolve the case. Settlements of contested cases are usually far better than settlements of judgments. You may even be able to win the case.

How to get rid of a Fitzgerald and Campbell judgment?

This should be done by a lawyer. Fitzgerald Campbell has a very affordable, performance-based program to resolve judgments. 3) Discharging the judgment through bankruptcy. If all else fails, most judgments can be discharged in bankruptcy.

Is there a way to get out of a judgment?

Notable exceptions are judgments based upon fraud and elder abuse. If you qualify for bankruptcy and otherwise feel that bankruptcy is right for you, you should consult a bankruptcy attorney right away. Filing a bankruptcy petition will place an automatic stay on the judgment and any enforcement actions.

Can a court vacate a judgment against you?

If you contested the case (answered the lawsuit) and the court entered a judgment against you, vacating the judgment will be very unlikely.

How can a creditor use a judgment against you?

How the Creditor Can Use the Judgment. Under state law, a judgment is a lien on property, which opens up a host of possibilities for creditors. If your state allows it, the judgment can file a levy with the court and your employer, instructing the employer to garnish a portion of your wages, to pay the creditor with.

Can a judgment debtor seize a property from you?

Creditors who have won a judgment against a debtor may soon find that seizing assets or properties after a lawsuit is not as straightforward as it may seem. The judgment debtor examination generally yields a trove of assets and properties to which a creditor is entitled.

Can a judgment be enforced against both spouses?

By extension, this means that those jointly held assets are indeed subject to seizure in order to enforce a Judgment against either spouse and this is regardless of whether or not both spouses received the benefit derived by incurring the debt [Ca Fam §910a].

Why did a husband seek relief from a judgment?

After the parties’ marriage was dissolved, the husband sought relief from the judgment, claiming that he agreed to the settlement only because the wife threatened to turn him in to the Internal Revenue Service for falsifying his tax returns to evade federal income tax.

Can a spouse of a judgment debtor be seized?

Conversely, if the spouse of the debtor deposits new earnings into a bank account held jointly with the Judgment debtor, that money can and will be considered Community Property and can be seized to pay the Judgment even if the debt was incurred prior to the marriage.