what happens when an attorney gets a judgment againts you for a debt

by Gaetano Rau 6 min read

When you go past due on a debt, the creditor calls and sends letters in an attempt to convince you to pay. Eventually, it goes to a collection agency. When all else fails, the matter is turned over to a lawyer. That lawyer files a lawsuit and gets a judgment against you for the specific purpose of getting you to make payments.

Full Answer

What can a creditor do with a judgment against you?

May 23, 2017 · A judgment means that there initially was a dispute about whether one person usually owed money, and after the judgment has been entered, the law recognizes that in fact a monetary obligation has been owed. The court system provides tools for the company or the person who is owed money to be able to collect on it.

What happens when you get a default judgment from a creditor?

What Happens When A Judgement Is Entered Against You? A judgment is a court order that is the decision in a lawsuit. If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. All debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). Oct 24, 2017

What happens if a judgment is filed against you?

Feb 17, 2020 · A judgment allows the debt collector to come after you with highly aggressive tactics, including bank account garnishments, property liens, and property sales. While this is a scary thought, there are some steps that you can take to defend yourself if a debt collector wins a judgment against you. We will look at what it means to have a judgment ...

Can a court issue a judgment for credit card debt?

Jan 11, 2022 · Wage garnishment happens after a judgment is entered and the court orders your employer to withhold a portion of your paycheck and send it directly to the judgment creditor until the debt is repaid. Judgment creditors favor garnishments because it allows them to take cash directly from your paycheck before it gets into your hands.

What happens when you have a Judgement against you?

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

How do you get a Judgement removed?

If you pay the full amount owed before that time, the judgment will be removed from your credit report as soon as the credit bureau receives either proof of payment from the credit provider or a valid court order rescinding the judgment.

Do judgment liens expire?

A judgment lien expires twenty years after the judgment was rendered, unless the party claiming the lien commences an action to foreclose.

How long does a judgment last?

A judgment usually stays on your credit report for a period of 5 years. However, once the judgment has been paid up it can be removed from the consumer's credit report. Up until March 2019, judgments needed to be rescinded in order to get them removed from the credit report.Jun 4, 2019

A Judgment Can Be Good For 20 Years Or More

  • Depending on your state, a judgment remains valid from 5 to 20 years or more.5 6 That's a long time for a debt to follow you around. Furthermore, judgments show up on credit reports for up to seven years and may appear on background checks until the judgments expire, whichever …
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How A Creditor Can Use The Judgment

  • Under state law, a judgment is a lien on the property, which opens up a host of possibilities for creditors.1 You will be left with some money to live on. That amount depends on the state where you live.8 However, pension benefits, Social Security, disability payments, and unemployment and worker's comp benefits cannot be levied or garnished for private debt such a…
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How Can You Avoid A Judgment?

  • Get referrals from your state's bar association, your professional network, and other attorneys you know and trust. Bring copies of your debt records and any relevant communication to leave with the attorney. Judgments can disrupt your finances and your job, and they can prevent you from obtaining insurance, renting an apartment, or gaining security clearances. Therefore it is well wo…
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