While it may be possible to appeal a judgment, this is often difficult, expensive, and only viable under specific circumstances. Learning if your case has become a judgment is vital! If you miss the deadline to respond the judge may be forced to proceed as though everything the plaintiff your creditor alleged in their petition is true. These allegations, taken as true, will leave no room for the case to proceed in your favor and it will likely be resolved against you for the complete amount of the debt and possibly adding on some court costs.
Even if you meet the deadlines to respond a judgment can occur without a trial. Trials attempt to answer the question of what happened. If, before trial, the judge rules that there are no longer any significant disputes about what happened then the only thing left is to decide what the law says should be done about it.
Judges can decide this themselves following a motion for summary judgment and bring an end to the case. Generally, trials are risky because unless very specific steps are taken, they usually force a case to a close in favor of one party or the other.
If the plaintiff wins, the court will likely file a judgment against you for the full debt amount, possibly along with court costs. It may not be immediately clear that a judgment has been filed against you because there may not be any immediate consequences.
However, the creditor who sued you is now entitled to pursue various remedies to collect on that judgment. In addition, once a judgment is filed against you it will likely begin to accumulate interest, increasing in value over time until the debt is satisfied. Some methods a plaintiff may use to collect on their judgment include but are not limited to :. In Texas creditors are not allowed to garnish your wages, but they can garnish your bank accounts.
In order to better effect either of the prior two options, a creditor may ask the court to force you to appear for depositions or to otherwise answer questions about your assets. Failure to comply with these orders can cause you to be held in contempt of court, which can involve fines or even jail time. If your case proceeded all the way to trial, you are probably aware of the outcome.
Default judgments are another matter, though. More articles by Tayne Law Group. Hi Pamela, We are happy to speak with you regarding your matter. Please dial into the office at or email info taynelaw. Hi Amy, Please dial into the office at or email info taynelaw. This sounds like a debt collector tactic to me.? Can you advise on that? Hi CF, Please dial into the office at or email info taynelaw. I have a 0rder to perfect motor vehicle line, they have a lien on my home. I m almost through paying for my car.
I thought if they had a lien on my home that would be the end of it. Hi Cheryl, Thank you for reaching out to Tayne Law. Please contact us to set up a free consultation at or email info taynelaw.
Save my name, email, and website in this browser for the next time I comment. Tayne, for helping me get out of debt.
Your staff did a great job, I was finally able to buy myself a brand new car without using a cosigner. I would recommend your services to anyone. I sleep like a baby at night now because of the work that you and your office have done. Rest assured that I will refer anyone I know to your office with conditions that are similarly circumstanced. You have been very helpful at first directing me in the right direction when I had no clue how to go about handling everything, I really appreciated all your advice and help and hope we can work something out.
Thanks again for all your help and kind words, and patience. Is There a Judgment Against You? Therefore, if you are not holding up your end of the agreement, the lender or creditor can sue you.
What is a Judgment? A judgment could be filed against you in several ways: You fail to show up in court: If the creditor files a suit but you fail to appear in court or respond to the suit properly, the creditor will win the suit and therefore can file a judgment. The debt is legally yours: If you do take action on the lawsuit but the court finds that you are legally obligated to the debt, the creditor can still file a judgment.
This can happen even if you respond properly and appear in court. Generally, to overcome a lawsuit, you will need more than an inability to pay as a defense. Some examples of property that can be included in a judgment are: Wages: One of the most common ways a creditor seizes property is through wage garnishment.
In this case, the creditor will legally require your employer to hand over a certain percentage of your income each pay period. This is generally about 10 percent of your gross wages per pay period. This varies between states. To see this, you would need to run a judgment search through a title company or go through the county recorder's office.
This may show a debt, but it will not show a judgment. Most often a judgment can last up to 20 years, so finding out sooner than later is your best bet. If you have found that you have a judgment against you, it is important to act fast. Judgments can mean loss of wages, money, or property. Overall it can cause you trouble when it comes to obtaining insurance, obtaining loans, or renting a house. If you can, respond to a lawsuit before a judgment occurs. Debt collectors can often help you by coming to an agreement.
Your best bet is to avoid the point of being sued altogether before it's too late. How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document. SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!
How long do debt collectors take to respond to debt validation letters? I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging.
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