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Judgement & Civil Law Suit

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PostPosted: Tue Jun 10, 2008 4:11 pm Subject: Judgement & Civil Law Suit

My boyfriend has a judgement against him for a credit card from when he was younger. Within the past year he has started to work for himself and do handy work. He recently did a job for someone and they didn't pay him the balance that they owed him. He has been trying to get it since January.

If he sues them in local court and wins, will they take the money and put it towards to judgement?

Also, will the local judge be able to see that he has a judgement and hold it against him?

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PostPosted: Sat Jun 14, 2008 10:28 am Subject:

I have a question. If you lose and a judgement is enforced, can you still workout a payment plan, or do you have to pay the full amount?
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PostPosted: Sat Jun 14, 2008 1:25 pm Subject:

Generally they will have to go to court again to file a method of collection, it may be wage garnishment (if allowed in your state) a levy on your bank account, a lien on personal property, etc.
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PostPosted: Sat Jun 14, 2008 2:19 pm Subject:

The court is not a collector; it only provides a means of enforcement. -- It is ultimately up to the creditor to collect on a judgment. That means the court will not automatically take any money from one judgment to pay off another open judgment.

Now if that judgment creditor caught wind of your boyfriends case and found out that somebody owed your boyfriend some money, then they could file a third party citation on that person. Kind of like a garnishment -- then that person would be ordered to make payments to your boyfriend's creditor instead. Unlike a garnishment, there is no 25% limit and so that whole amount can be seized.

The chances of your boyfriends creditor actually finding out and going through the whole process, I think, is very unlikely.

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PostPosted: Sun Jun 15, 2008 10:41 am Subject:

lurking collector you shouldn't place judgment on other people and their problems, it could come back to bite you someday too, Karma. Very Happy
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PostPosted: Mon Jun 16, 2008 7:15 am Subject:

The judge will not use the other debts as evidence in the case. The other creditor may take the winnings, but it would be very unlikely they would even find out, or be able to collect.
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PostPosted: Wed Aug 20, 2008 10:43 am Subject: debt judgement

I got a call from an attorney office about a credit card debt. I asked if she could give me a settlement amt lesser what I owe and she said no, it's already in litigation. what can I do if I don't have the money
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