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Judgement & Civil Law Suit

Date: Tue, 06/10/2008 - 16:11

Submitted by jcrab1
on Tue, 06/10/2008 - 16:11

Posts: 86 Credits: [Donate]

Total Replies: 36


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?


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.


lrhall41

Submitted by DebtCruncher on Sat, 06/14/2008 - 14:19

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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


lrhall41

Submitted by on Wed, 08/20/2008 - 10:43

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5 years ago someone sued me for medical bills a year after the car aciident happened, It would have been paid by my auto insurance if,it had been submitted earlier, the jude dismissed it with predudice and she was paid a small amount that day. however it shows up as a paid judgement for a much larger amount. Since it was paid that day should it have gone on my credit report?


lrhall41

Submitted by on Sun, 02/08/2009 - 05:04

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I am being sued for defaulting on a loan. I have worked out a payment plan with the creditor. If I went to court with an attorney would I be able to negotiate a smaller payment? The one I will be set up on is a little beyond my means, do they go by income?


lrhall41

Submitted by on Tue, 02/10/2009 - 10:28

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You can try to get a payment plan before a judgment is entered and they will have to stick by it.

If a judgment is entered, it goes by your state laws.

Also if you have income such as SSI, SSDI, unemployment and some others it is exempt and cannot be touched. They will try to make you pay but you can refuse.


lrhall41

Submitted by pokertramp on Tue, 02/10/2009 - 18:02

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i had a credit card judgement brought against me 11 years ago. they sent me papers again trying to collect. what can i do? i didnt have the money then and im having trouble with what i have now. i am consumed by this right now i dont know what to do or think right now. can someone help me and give me some advice please. thank you


lrhall41

Submitted by on Mon, 06/15/2009 - 12:33

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its been the 10 yrs and they sent me papers that look like they are from a court, but the people i work with say they are not because they dont have the court stamp on it, and the the lawyers that are coming after me again are not in good standing with the state, they havent paid their taxes up to dat.


lrhall41

Submitted by on Mon, 06/15/2009 - 12:55

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I have a judgement against me and their lawyer sent me a letter saying they were going to send me a Notice of Depostion with Subpoena Duces Tecum. I can not aford to pay the full amount and I have land that is not a homestead. Can they take it away from me or make me sale it? I am willing to try to settle, will law firms settle after a judgement is in place?


lrhall41

Submitted by on Sun, 06/21/2009 - 19:24

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they call me and i tell them i can't pay cause i'm not working then they tell me ok soon you'll be receiving court papers...i's scared need advice please. in california


lrhall41

Submitted by on Sun, 07/05/2009 - 21:45

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my boyfriend has a atv hes beenbuying through his parents,his step dad took it upon himself to pay the loan with his credit card,and my boyfriend payed all the payments to his step dad.now his parents are taking him to cival court to pay the credit card.can they do this?[/right]


lrhall41

Submitted by on Fri, 07/24/2009 - 14:51

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I have a judgement which was automatic by default. However, my attorney asked for a hearing with a judge rather than a jury and we were appointed a third party to take over the business until some disputes were settled among both parties. then we filed a motion to get rid of the third party and this was granted and our case was dismissed without prejudice. But how or can we still collect on our judgement without going back to court again?


lrhall41

Submitted by on Sun, 08/09/2009 - 08:38

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i won my civil claims for assault, damages to car and medical bills but have not received money. can I take the jerks house and cars?


lrhall41

Submitted by on Tue, 08/11/2009 - 22:48

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i have received my three credit reportsand this debt collector is not on any of my credit reports this lawyer out of tucson az has filed an order releasing non-earnings garnishmentg against me. in the cochise county superior court.they have made the american south west credit union the garnishee. they don't mention the original creditor. they claim that their client is unifund assignee of palisades acquisition xvi llc. iwe are disputing this action with the credit report companies. this not our debt. please advise


lrhall41

Submitted by on Sat, 03/27/2010 - 17:07

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