How To Collect On A Judgment In A California Civil Matter
Collection judgment process. prior to being ordered to pay by a debt collection judgment, there is a required process. when you have a payment that goes unpaid, you receive letters or calls from the creditor as more time passes. eventually, the debt is turned over to a collection agency, which then sends more letters or calls repeatedly in an. A judgment is an official result of a lawsuit in court. in debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you. you are likely to have a judgment entered against you for the amount claimed in the lawsuit if you: ignore the lawsuit, or. don’t respond to the lawsuit in a timely manner. A judgement happens when someone wins a case against you and there are monetary damages awarded to the other side. in most of the cases we are talking about here, a past due debt went to collection and when it still was not paid, the collection agency took it to court and got a judgement in the amount owed, plus interest and legal fees. Whether it is a default judgment, a judgment after a trial, or a consent judgment — they are all reported as judgments. because of these issues, a consent judgment is rarely the way to go in a collection lawsuit. this is a real judgement that messes up your credit report. for most people, this is a bad choice to make in their collection case. Some judgment debtors are simply “collection proof,” meaning all their income and property is exempt and can’t be taken to pay a judgment. to learn whether you’re collection proof and about the collection process generally, attend the free collection proof clinic!.
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Also, you may not work or only work part time. with the ccpa cap, that may mean you don’t earn enough for garnishment. this inability to pay your debt is called being judgment proof, collection proof or execution proof. while these circumstances exist, the judgment creditor has no legal way to collect on the debt. it’s not a permanent solution. The judgment is considered a lien against your property, including any real estate that you have, in the state in which the judgment is filed. in other words, a judgment filed in california has no bearing upon property located in new york unless the creditor takes the california judgment to a new york court and has it filed there as well. The time period for collecting judgments in many states is ten years, but after that expires you can usually renew the judgment for another ten years. so, even if the person or business that you have a judgment against does not have any income or assets today, income or assets may be accessible in the future.
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