what kind of lawyer do i need for a civil judgment

Should I hire a lawyer for a judgment case?

Types of Civil Judgments. Where You Need a Lawyer: Zip Code or City: (This may not be the same place you live) Choose a Legal Category: Family Law. Real Estate and Property Law. Criminal Law. Personal Injury.

Why do I need a civil attorney?

Do You Need a Civil Attorney? If you need to file a lawsuit it is strongly suggested you seek the assistance of a civil attorney. A civil attorney can help you navigate the complicated court system and ensure that you do not miss any important deadlines. A civil attorney can also consider your case and help you determine the likelihood of success should your case go to trial.

What is a civil attorney called?

In a civil lawsuit, a defendant who does not respond to the suit papers in a timely manner is considered “in default.”. When the plaintiff makes the required showing of default and offers proof to the court of the amount of money owed, the court will issue a default judgment in the plaintiff's favor. (Learn more about Parties in a Civil ...

Do I need a civil attorney to file a lawsuit?

A debtor who won't pay the judgment isn't going to tell you where the money is—but you can take steps to find it. The court can order the debtor to answer questions under oath about the type, location, and value of assets that you can seize to satisfy the judgment. Lawyers call the process a debtor's exam or an order of examination.

How do you negotiate a settlement after Judgement?

You have four main options to deal with a default judgment:Accept the judgment.Settle the judgment for less.Challenge the judgment.Pursue debt relief.

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

How do I file a civil lawsuit?

A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.

What are the two most common types of civil law cases?

The two most common types of civil cases involve contracts and torts. In deciding cases, courts apply statutes and legal precedent.

What Is A Default Judgment?

In a civil lawsuit, a defendant who does not respond to the suit papers in a timely manner is considered “in default.” When the plaintiff makes the...

"Setting Aside" A Default Judgment

In most jurisdictions, the defendant will have a prescribed period within which to ask the court to set the default judgment aside, on good cause s...

Collecting on A Default Judgment

As an aid to plaintiffs who are confronted with the challenge of collecting the money owed to them, courts permit default judgment holders to disco...

What is a civil attorney?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, ...

Can you sue someone for a non-criminal crime?

As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case. Furthermore, if another person or business ever sues you, it is best to immediately consult ...

What does it mean when a judgment is entered in a civil lawsuit?

If a judgment has been entered in a civil lawsuit, it means that the court/jury has decided that one party to the case is the victor. Included in the judgment is the determination of which side prevailed, and how much money is owed from the judgment debtor to the judgment creditor. Also included are usually attorney fee’s, legal costs of filing the lawsuit and an interest rate that can accrue on the debt.

What is a civil judgment in Washington?

1. A civil judgment determines who is victor in a case and what the award is. If a judgment has been entered in a civil lawsuit, it means that the court/jury has decided that one party to the case is the victor. ...

What happens after a judgment is won?

After winning a judgment, the creditor can file a write of garnishment and garnish wages, bank accounts or put a lien on your property. Additionally the creditor can schedule a supplemental hearing where they can make you show up in court and testify about your assets and their locations.

What is the interest rate on a judgment in Washington?

Judgments accrue interest as well. In Washington, the statutory interest rate on judgments is 12%, even if no interest rate is listed. Often I see much higher interest rates included on default judgments up to 26% which can cause your ...

What is a judgment lien?

A judgment lien is an interest in your property that follows the property wherever it is transferred. The lien is only released by payment or agreement with the judgment creditor. This can be an issue when you go to try and sell your home or obtain a loan modification if a lien shows up on a title search and it has not been satisfied.

What is the phone number to call for a civil judgment in Washington?

If you live in Washington state and have additional questions about civil judgments, give Symmes Law Group a call at 206-682-7975 to learn about your options.

How long does it take to get a judgment against you?

Ignore the summons and complaint and you lose. Unless you file a written answer with the court within 20 days of being served, a judgment can be entered against you without your side of the story. You should also send a copy of the answer to the attorney who sued you.

What happens if a defendant does not respond to a lawsuit?

In a civil lawsuit, a defendant who does not respond to the suit papers in a timely manner is considered “in default. ”. When the plaintiff makes the required showing of default and offers proof to the court of the amount of money owed, the court will issue a default judgment in the plaintiff's favor. (Learn more about Parties in a Civil Lawsuit .)

What does default judgment mean?

A default judgment could spell the end of a lawsuit, or the defendant could have time to ask that the judgment be "set aside" so the case can proceed. Get the details here.

How long are default judgments enforceable?

Like other kinds of judgments, default judgments will be enforceable for a period of years set by law. Many jurisdictions permit the renewal of judgments that are about to expire, providing additional time for the plaintiff to pursue collection remedies.

How long does it take to get a judgment set aside?

In most jurisdictions, the defendant will have a prescribed period within which to ask the court to set the default judgment aside, on good cause shown. In California, the defendant typically has 30 days to make this kind of motion, starting from the date on which the court clerk mailed the Notice of Entry of Judgment. In Florida, there is no specific timeline, but the party requesting relief from the default judgment must do so with “due diligence.”

How long does it take to set aside a judgment in California?

In California, the defendant typically has 30 days to make this kind of motion, starting from the date on which the court clerk mailed the Notice of Entry of Judgment.

What happens if you can't collect your judgment?

And, the longer it takes to collect, the more your judgment will be worth because the accumulating interest adds up. So until you've collected your judgment, keep tabs on the debtor.

How long do judgments last?

Judgments don't last forever. Instead, they usually have a shelf life of between 5 to 20 years depending on the state. Sometimes you need more time to collect, however. If you do, be sure to renew the judgment (and any recorded liens) before the judgment expires.

How to perfect a real estate lien?

In most states, you must "perfect" a real estate lien by recording the judgment with the recorder's office or equivalent department in the county where the debtor's real estate is located. Once filed, the debtor can't transfer clear title as part of a real estate deal without first paying the lien.

What is the process called when a debtor is asked to answer questions under oath?

Lawyers call the process a debtor's exam or an order of examination.

Is a debtor's business an easy asset to get?

Wages, bank accounts, and money paid to a debtor's business are all relatively easy assets to get, and the procedures for doing so are simple and inexpensive. On the other hand, trying to force a sale of the debtor's vehicle, house, or personal property can be complicated, expensive, and time-consuming.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can a debtor pay a judgment?

The debtor might pay the court judgment if you ask. A business-like request for payment might be all it takes, especially if you mention that an unpaid judgment will probably show up on the debtor's credit report. Don't tell the debtor exactly how you plan to collect if he or she doesn't pay up, however—again, any type of threat might encourage the debtor to start hiding assets (and you never want to appear to be harassing or intimidating the debtor.) Also, in many cases, it makes more sense to settle for a bit less than the full claim in exchange for having the whole thing over and done with.

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.

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 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 a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.

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.

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.