What is a money judgment? A money judgment is a court order that awards the plaintiff a sum of money. The award can be owed to the plaintiff for a variety of reasons. Some examples are unpaid rent, damages to a rental unit, money borrowed, hospital bills, credit cards, and money owed for repossessed vehicles. A money judgment can also include money owed for court costs and attorney’s fees. → Read More
How can I enforce a judgment against a judgment debtor in another state? Once a money judgment has been issued, the judgment creditor tries to get the judgment debtor to voluntarily pay the judgment. If a judgment debtor does not cooperate, the judgment creditor determines what property the judgment debtor owns; if it is located in another state, the judgment creditor may need a sister-state judgment issued by a court in the state in which the property of the judgment debtor is located. → Read More
How are money judgments enforced? The typical methods employed in enforcing money judgments include voluntary compliance, wage garnishment, judgment lien and execution and levy. When a judgment debtor refuses to pay a money judgment, a judgment creditor typically will proceed with both judgment liens and execution to enforce the judgment. → Read More
How is a judgment perfected? At the conclusion of a lawsuit or settlement, the court will issue a judgment ordering the losing party to pay or satisfy the judgment. Some states require that a Notice of Entry be sent to the losing party or judgment debtor. Until this form is filed, the judgment is neither cleared nor perfect and cannot be considered satisfied. → Read More
Collecting Money from Someone with Little or No Money and Assets If someone has little income and few assets, they are effectively’judgment proof’ and even if you win against them in court, you effectively lose: you spent the time and money to sue and receive nothing in return. → Read More
TCPA Requires Debt Collectors to Have Written Consent Before Calling Your Cell The Telephone Consumer Protection Act (TCPA) prohibits debt collectors from calling you on your cell phone, among other things, unless you’ve given them express written consent to do so. Even though the Act has been in place for over 15 years, debt collectors continue to violate it. → Read More
Debt Collection & The Illegal Practice of Sewer Service When a debt collection agency files a lawsuit against you for an outstanding debt, it must serve you with the papers so that you are aware of the action. However, one New York agency allegedly didn’t think that was necessary and provided debtors with’sewer service’ instead. Now it faces a class action lawsuit for those debt collection practices. → Read More
Fair Debt Collection Practices Act Violations: Do You Have a Case? The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers against the illegal practices of creditors. Various states have enacted their own versions of the FDCPA that may provide consumers with even greater protection. When it comes to collection letters, many of them contain misleading and false information, if you receive a debt collection letter and feel it contains misleading language, you may be able to sue. → Read More
What is Wage Garnishment? A wage garnishment is a legal process whereby the court orders your employer to withhold a portion of your earnings each pay period to pay off a debt. The law sets forth the maximum amounts that can be garnished, designate specific procedures concerning child support and alimony payments, and stipulate that it is illegal to fire an employee who requires wage garnishment. → Read More
How is a judgment lien created? The actual mechanics of creation of a judgment lien vary state-to-state but tend to be generally similar. The judgment creditor first perfects the judgment and then tries to get the judgment debtor to ‘voluntarily’ satisfy the judgment. If the judgment debtor fails to voluntarily satisfy the judgment, a judgment lien can be created against the judgment debtor’s property. → Read More
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