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Dealing with a legal judgment can be a stressful time. A civil judgment or judgment liens have the ability of affecting your ownership of property through seizure and sale or it can affect the amount of money that you take home from a job through garnishment.
In addition, a legal judgment can affect your credit score and disable your credibility when it comes to borrowing money or buying a house.
If you are facing a judgment creditor, a civil judgment or other judgment liens or garnishments, it is advisable that you get legal help from an attorney who understands your rights and the legalities of legal judgments.
By filling out the form below, you can have a qualified lawyer contact you to discuss your circumstances to give you the legal advice that you need.
Do You Need Help Dealing with a Legal Judgment?
There are basically two types of legal judgments: 1) Criminal judgments and 2) Civil judgments. If you are dealing with a criminal judgment, consultation with criminal lawyer is advisable. The following information refers to civil judgments rather than criminal judgments.
Legal judgments may occur if you are in debt and unable to pay the amount owed and the judgment creditor gets a judgment against you. They can also occur in a civil suit when civil judgment becomes a factor. In any case, after a legal judgment is made, there is the possibly that judgment liens can be placed on your property or that your paycheck can be garnished to repay the debt or judgment lien.
Most creditors, honestly, do not want to take you to court to collect money that is due to them. In many cases, it is possible to have an attorney to negotiate the debt or payment terms in a way that will satisfy the creditor and will give you the chance to come into terms. It is a good idea to get an attorney involved early on in such circumstances. Ignoring the creditor and collection attempts will most likely prompt them to get a court order in regard to a legal judgment. It is best to get the situation under control before the creditor goes to court and becomes a judgment creditor.
Once a creditor gets a legal judgment, they are able to enforce it with the assistance of the court by filing for judgments liens or execution. Sometimes a lien is placed on real property and the legal judgment is not satisfied until the property is sold at which time the judgment creditor gets paid first out the proceeds of the sale.
If the judgment includes execution, the debtor is forced to turn over property or money to the court and the judgment creditor gets paid from the sale of the property that was seized or from the amount of money that was seized. For small debts, usually execution through seizure and judgment liens is not necessary and the debt can be collected through garnishment of the debtor's salary or income.
Legal Judgments and Bankruptcies
In the case of a bankruptcy, civil judgments can be discharged. However, in some cases if a judgment lien is filed the lien will survive the bankruptcy but the option to collect through seizure may become nil. If you are in process of collecting a judgment, the assistance of a legal judgment attorney is necessary.
If you have a legal judgment against you and you are considering filing bankruptcy to get the judgment dismissed, it is also advisable to consult with a judgment attorney or a bankruptcy attorney and to get legal help considering your options.
A bankruptcy does not always assure that a judgment will go away and it does not ensure that your assets or property will be secure against seizure. Making the decision to file bankruptcy may have consequences that you are not prepared to deal with. At any rate, educating yourself about the options (and the consequences of such options) through using the advice from a knowledgeable attorney will help you to make the best decision for you considering your circumstances.
Expiration of Judgments
Most legal judgments don't last forever and remain eligible for enforcement. In fact, most states allow judgments to expire in eight to ten years unless the judgment creditor files for a judgment extension before expiration.
If you are a judgment debtor, you can hope that the judgment expires before it is enforced which sometimes happens, but if the judgment creditor is on top of things, you can look for enforcement, filing of judgment liens or extensions of the legal judgments.
If you are judgment creditor, you need to consult with an attorney to find out your options, your limited time on deciding to enforce through seizure or the filing of liens, or the time allowed considering the filing for an extension.
Usually, if you are the debtor in a legal judgment, the judgment will stay on your credit report and affect your credit for seven to nine years. An attorney who specializes in credit issues can help you to ensure that judgments are dropped from your credit report in accordance with the law.
Regardless of your situation, whether you are the creditor or the debtor, it is advisable to get legal help from an attorney who specializes in legal judgments. They can give you advice, based on the law in your state and your unique circumstances, to make sure that your rights are adequately protected in accordance with the law.
Legal judgments can be affected not only by civil law, but also by real estate law and bankruptcy law. There are also different laws concerning credit issues that arise from a legal judgment.
Gets the legal advice that you need today to avoid legal issues concerning civil judgment enforcement in the future. Whether you are judgment creditor or judgment debtor (or if you stand the chance to become one) it is best to have an attorney that is prepared to represent you and to protect your interests when it comes to a legal judgment.