what kind of lawyer do i get for a judgement against me

A general civil litigation attorney can assist a client with a judgment creditor. You may consider using the bar association lawyer referral service which will match you with an attorney meeting your needs.

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What kind of attorney can help me with a judgment creditor?

 · In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to …

Should I hire a lawyer for a judgment case?

 · There was a court hearing and a judgment was entered against you. This history of these events will most likely appear on your credit record for 7 years. Once the judgment is entered the creditor's attorney will look for assets to satisfy the judgment. What you should do now will depend on your circumstances.

What kind of lawyer should I hire to file a lawsuit?

 · Hello, I appreciate your use of this service. I will be assisting you with this question. A general civil litigation attorney can assist a client with a judgment creditor. You may consider using the bar association lawyer referral service which …

Should I hire an attorney to defend myself against a default judgment?

Mitchell Paul Goldstein

You can appeal, but expect to be required to pay an appeal bond in the amount of the judgment. If you appeal or move to vacate, you need grounds for the judge to rule on. Without grounds, expect to lose. The judgment will remain on your credit report for as long as it is valid, which can be more than 7 years.

Kelly Donovan Jones

Mr freedman has set forth out the basics. To add to his comments, once the creditor (plaintiff) has a judgment they will eventually try to enforce (collect) the judgment via wage/account garnishment.

Jeffrey M. Freedman

Once you fall behind on a debt your credit record is marked for 7 years. Here you fell behind and were sued. There was a court hearing and a judgment was entered against you. This history of these events will most likely appear on your credit record for 7 years. Once the judgment is entered the creditor's attorney will look for assets to satisfy...

What can a debt settlement attorney do?

Even if you don't end up hiring a lawyer, an experienced debt settlement attorney can help you evaluate the creditor's case and your personal circumstances to determine the best course for you.

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

What does it mean to be judgment proof?

Being judgment proof really means that you are collection proof. That is, if the creditor gets a judgment against you, can it collect it through wage garnishment, taking your bank account funds, or the like? If not, you are judgment proof. (Learn more about what being judgment proof means .)

Can you get a judgment against a creditor if you win a counterclaim?

It's not a defense to the underlying debt, but a separate claim. If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.

What is a counterclaim?

A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

How to check if a judgment is against you?

It’s also important to note that you cannot check for a judgment by pulling your credit report. You would need to run a judgment search through a title company or check the county recorders office. You may see a debt with an attorney’s office on your credit report. But you may not know for sure if there’s a judgment against you. Judgments typically last 20 years, so it’s important to know if there’s one against you.

How to contest a judgment?

With the help of a lawyer, you can file a motion to vacate the judgment. In doing so, you’ll need to explain to the judge why you didn’t appear in court. If your motion is successful, then you are able to contest the case. A contested case often results in a more favorable settlement than a judgment. If you are already being garnished or started to pay towards the debt, you will likely be less successful in trying to vacate the judgment.

How does a judgment affect your life?

A judgment can have a major impact on your life. A judgment could mean a loss of wages and property. And beyond that, it can cause difficulties in getting insurance, renting apartments, or even getting a job. A judgment can also take other people’s monies if you share an account. Therefore, it’s in your best interest to avoid a judgment at all costs. If you’re struggling to pay off your debt, a debt attorney can help you avoid ever reaching the point of being sued. And if you are sued, ignoring the suit will only make things worse.

What to do if you can't vacate a judgment?

If you’re not able to vacate the judgment, your next option is to satisfy it. This means you either complete the terms of the judgment (i.e. through wage garnishment or property lien) or come to a settlement. Creditors will often agree to settle the debt for less than you owe, depending on the circumstances.

What happens if you are garnished and you are not able to vacate the judgment?

A contested case often results in a more favorable settlement than a judgment. If you are already being garnished or started to pay towards the debt, you will likely be less successful in trying to vacate the judgment. Satisfy it: If you’re not able to vacate the judgment, your next option is to satisfy it.

Can you check if a judgment was filed?

Therefore, by intentionally not appearing in court, you can assume there is a judgment against you. You can double-check if a judgment was filed by calling the court on the summons. However, you will also be notified when a judgment is entered against you, which is done by mail.

Can a judgment be filed against you without you knowing?

While it’s difficult for a judgment to be filed against you without you knowing, it’s not impossible . A summons may be sent to you in the mail or delivered to you in person. If you don’t show up in court in accordance with the summons, a default judgment will be entered against you.

How can a creditor use a judgment?

1 . If your state allows it, the judgment can file a levy with the court and your employer, instructing the employer to garnish a portion of your wages, to pay the creditor.

What is a judgment in a court case?

Under state law, a judgment is a lien on the property, which opens up a host of possibilities for creditors. 1 

Can creditors force a sale of a home?

In some states, creditors can force the sale of your home. At the very least, the judgment appears in your county's property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds. 12.

How long is a judgment valid?

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 is longer. 7 .

What happens if you beat a case because the statute of limitations has expired?

If you beat a case because the statute of limitations has expired, failure to pay the debt will still affect your credit record. 4  Different types of debt have different time limits. These vary depending on if it's an oral agreement, written contract, promissory note, or open-ended account. A judgment typically consists ...

What happens after a judgment is entered?

What Happens After the Judgment Is Entered? A judgment can turn an otherwise uncollectible old credit account into a collectible amount of money. For instance, a statute of limitations may prevent a creditor from collecting funds you owe them, after a set number of years. But that same creditor may initiate a lawsuit against you—hoping ...

Can you win a judgment against someone you owe money to?

Before a person or a company to whom you owe money can win a judgment against you, they must first file a lawsuit in court. If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. 1 Of course, even if you file an answer to the lawsuit, you can still lose the case.

ADSOFT

I have a judgement that's 6 yrs old. I need a low cost lawyer aware of consumer law to help me negotiate a settlement and get the judgement off my credit report! I want to settle and speed the payments out over several months.

retmar

Why hire a lawyer? The money you pay him can go towards the judgement. Look at it this way. You can write a letter to the ?? asking them to consider an offer of settlement for complete removal. Make a reasonable offer and ask that all correspondence be in writing. Don't lowball too much. They more than likely will respond with a counter.

ADSOFT

The reason to hire a lawyer is because they might pull a fast one. First of all the original judgement is for $3500, 6 yrs of interest (allowed by law), and penalties, processing fees, blah,

retmar

It could be worth a try. Go to naca.com and look for a lawyer in your area. All those listed are consumer attorneys. When you find one, be sure to have him go over all of the paperwork in hopes of a possible error in the judgement. I didn't realize it was that much. Most of all, they have to remove the negative off of the CR or no pay.

Anonymous

If all you want is an attorney to send your letter offering a settlement, get a prepaidlegal attorney for that. They can do it for around $35 once you sign up (that is the fee in most states). They can send the letter out for you within a couple of days. If you're interested I can give you the number of a friend of mine who sells prepaid legal.

How to fight a judgment?

Once the judgment is entered and finalized, you can’t fight it anymore. The creditor has claimed that you owe money, and a court has agreed. That said, here are some options for you to consider: 1 pay the balance due in full; 2 work with the creditor to settle the debt or work out an agreeable payment plan; 3 allow the creditor to seize your assets in payment of the debt; 4 repay the debt involuntarily through a wage garnishee; 5 file for Chapter 7 or Chapter 13 bankruptcy as a means of discharging or repaying the debt (depending on your situation.

How can a judgment be satisfied?

If a judgment has been issued against you, the creditor can satisfy its judgment by freezing your bank account and taking a portion of your wages. Procedures differ from state to state.

What to do if you owe money to a creditor?

That said, here are some options for you to consider: pay the balance due in full; work with the creditor to settle the debt or work out an agreeable payment plan; allow the creditor to seize your assets in payment of the debt;

Can a judgment creditor take steps against you?

Having all the information you need about your options makes all the difference. Whatever you do, don’t just ignore things. That only makes it worse.

Can a bank garnish your salary?

Once that happens, he or she can serve a restraining notice on the bank, or on some other person or business that owes money to the judgment debtor, and eventually take the money. If you are employed, the enforcement officer can garnish (take) a portion of your salary to satisfy the judgment.

Does a judgment in California have a bearing on property in New York?

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.

Is a judgment a lien?

It shows up on your credit report as well as on any background checks. 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 ...

Contesting A Garnishment Or Attachment

Learn how to file a Claim of Exemption to protect your money or property that is “exempt” (protected) and can’t be taken to from you to pay a judgment.

Setting Aside A Civil Default Judgment

Learn what to do if you’ve discovered that a “default judgment” was entered against you, which can happen even if you didn’t know you’d been sued and never appeared in court.