default judgments: 6 things debtors can do
TRANSCRIPT
DEFAULT JUDGMENTS:6 THINGS DEBTORS
NEED TO DOby
Real Estate Attorneywww.ProvenResource.com
An outstanding money judgment can be frustrating and even immobilizing.
A default judgment is awarded when adefendant to a civil suit fails to answera legal complaint in a timely fashion. Insuch cases, the court is unable tomake a ruling based upon the law orthe facts of a case.
WHAT IS A DEFAULT JUDGMENT?
HERE ARE 6 THINGS A CONSUMER OR BUSINESS
OWNER SHOULD CONSIDER IN THE EVENT A
DEFAULT JUDGMENT IS FILED AGAINST THEM
Have the judgment set aside1.
It's best to file a request to set aside the judgment within a reasonable period of time from the date that
they discovered the judgment.
BECAUSE
Make contact before collection activities start.
2.
Once a judgment is taken, the judgment creditor can begin activities to collect on their judgment.
BECAUSE
BECAUSE
They can garnish or attach a debtor's wages, bank accounts or even seize a debtor's property.
Ignore it3.
It is only a matter of time before a significant money judgment can make things
financially difficult for a debtor.
Time. 4.
BECAUSE
The right to collect the money on a judgment has an
expiration date that depends upon the type of case that
was initially brought, or where the judgment was obtained.
BECAUSE
A judgment debtor may not hear from a judgment creditor for years, the
creditor still has rights to collect on their outstanding
judgment balance with interest.
Try to cut a deal with a judgment creditor when a debtor's finances are
still at their worst.
Consider payment options. 5.
BECAUSE
Making payment arrangements means that there is a written agreement on how monthly or partial payments will be applied to the judgment balance before the first
payment on a plan is made.
Bankrupt6.
BECAUSE
Depending upon the nature and size of one's debt and income, not all
judgments can be liquidated through
bankruptcy.
For instance, a defaulted student loan or certain IRS matters, cannot be discharged.
Disclaimer: You should not rely or act upon the contents of this article without seeking advice from your own attorney.
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