who do i answer with a judgement with notice ? the court or lawyer

If the plaintiff has a lawyer, mail a copy to the plaintiff's lawyer. File your answer with the court by the date on the summons. Filing your answer means, take your answer to the court, give it to the clerk.

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What happens if you file an answer to a judgment?

Nov 09, 2012 · It might be possible to bring a motion or an action to set aside the original judgment, if the court never validly obtained personal jurisdiction over you. You need to have a lawyer review the documents supporting the original judgment. Helpful Unhelpful 3 comments Richard Scott Lysle View Profile Debt Collection Attorney in Marina Del Rey, CA

Should I hire a lawyer to collect a judgment?

If the plaintiff has a lawyer, mail a copy to the plaintiff's lawyer. File your answer with the court by the date on the summons. Filing your answer means, take your answer to the court, give it to the clerk. The clerk will stamp it the answer with the date and time. You must file your answer in the same court that is on the Complaint.

What does it mean to receive a judgment in court?

Dec 19, 2020 · A motion for summary judgment is a request to end a case without a trial. Filing or responding to a motion for summary judgment involves gathering the necessary support documents, including but not limited to declarations, affidavits, depositions, admissions, and answers to interrogatories.

Can a creditor contact you about how old a judgment is?

How do I release a Judgement?

How do you write a response letter to a lawsuit?

Can you negotiate after a Judgement?

How do I file a written answer with the court in Texas?

Can you settle out of court after being served?

How do you stop someone from suing you?

How do I write a letter to settle a Judgement?

How do I not pay a Judgement?

When can a judgment be set aside?

What happens after a default Judgement is issued in Texas?

How do I find out if I have any Judgements against me in Texas?

How do you answer a summons without a lawyer?

Richard Scott Lysle

It might be possible to bring a motion or an action to set aside the original judgment, if the court never validly obtained personal jurisdiction over you. You need to have a lawyer review the documents supporting the original judgment.#N#More

Matisyahu Wolfberg

The advice given seems to be sound, but you can consult with an attorney in person to make sure.

Michael Charles Doland

I think it is far loo long to attempt to overturn the original judgment.

What is an answer in a complaint?

An answer is your answer to the complaint that was filed. The court already has the complaint form from the plaintiff. When you file your answer with the court, you tell the court, in writing, the statements in the complaint that: you do not know about. When you go to court, you can explain each point in more detail.

How to read a complaint?

Read the Complaint. There is a number in front of each paragraph in the complaint. Write the number for each paragraph in front of your answer to that paragraph. Some paragraphs in the complaint may have more than one statement. In a Complaint, the first paragraph is usually basic facts.

What to do if you missed the deadline?

If you missed the deadline, you can try to file your answer late. It is better to file a late answer than no answer, but not all clerks will accept a late answer. You may have to ask the judge for permission to file a late answer. If that happens you would have to file a motion for permission to file a late answer.

What is a certificate of service?

A Certificate of Service is the statement you make to the court that says you have mailed a copy of the answer to the plaintiff. If the plaintiff has a lawyer, you can mail a copy just to the lawyer. You must tell the court who you sent the copy to.

What documents are needed to file a motion for summary judgment?

Filing or responding to a motion for summary judgment involves gathering the necessary support documents, including but not limited to declarations, affidavits, depositions, admissions, and answers to interrogatories. Consult with an attorney below to learn more about Pleading and Practice law if you need to file a motion for summary judgment.

What is a motion for summary judgment?

A motion for summary judgment asks the court to dispose of all or some of the issues related to your case. A motion that disposes of all issues is called a final summary judgment. A motion that only disposes of some issues is called a motion for partial summary judgment. A motion for partial summary judgment can eliminate, or narrow, ...

Can a motion for summary judgment be appealed?

Failure to comply with any rules of procedures can also result in a denial of a motion or a response. If a motion for final summary judgment is granted, the decision can be appealed. If a motion for partial summary judgment is granted, you will have to wait until the lawsuit is finished to appeal the court’s decision.

Can you appeal a summary judgment?

Getting Further Help With Summary Judgment. If a motion for final summary judgment is granted, the decision can be appealed. If a motion for partial summary judgment is granted, you will have to wait until the lawsuit is finished to appeal the court’s decision.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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.

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.

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.

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.

Is it better to hire an expert or not?

If you have had no success in collecting your judgment or you aren't willing to spend the time and effort necessary to get your money, hiring an expert might be a good idea. After all, it's better to get some of the money you're owed than none.

Can a plaintiff collect on a judgment?

After the judgment becomes dormant, or lapses, the plaintiff cannot collect on the judgment by any of the following methods: Wage garnishment; Seizing property; Seizing or garnishing money held in bank accounts; or. Requiring the defendant to appear in a debtor’s examination hearing.

What is a judgment in a lawsuit?

A judgment is an award of money given to a plaintiff in a civil lawsuit. A judgment is a non-criminal legal award, usually damages. Damages are most often money amounts. A judgment is received by the plaintiff when their lawsuit was successful. A judgment can be awarded by a judge or a jury.

How to collect judgments?

After the judgment becomes dormant, or lapses, the plaintiff cannot collect on the judgment by any of the following methods: 1 Wage garnishment; 2 Seizing property; 3 Seizing or garnishing money held in bank accounts; or 4 Requiring the defendant to appear in a debtor’s examination hearing.

How long is a judgment valid?

A judgment usually remains valid for five to seven years. The time frame varies across jurisdictions. In some states, for example New York, the judgment is valid for up to twenty years. There are a number of ways a plaintiff can collect their court judgments.

What is a default judgment?

One example of a judgment may be a default judgment. In a civil lawsuit, a defendant is required to file an answer to a complaint within thirty days. If the defendant fails to do so, a default judgment may be issued against them. A default judgment occurs without the court hearing the case and is an automatic win for the plaintiff.

How long does it take to revive a judgment?

Most states allow a revival of judgment. In most cases, the plaintiff has ten years from the date the judgment lapses to file a motion to revive the dormant judgment. Depending on the state, a judgment may be revived multiple times.

Can a debt collector contact you?

If a debt collector contacts you and gives false information about how old the judgment is, they may be violating the FDCPA.

Do you have to serve a copy of a judgment?

There is no requirement that the attorney serve a copy of the judgment with notice of entry upon you. However, the attorney may have served the notice of entry upon you but did not file it with the court. There is no requirement that notice of entry of a judgment be filed.#N#You should retain legal counsel to attempt to vacate the default judgment.

Can you appeal a judgment?

Yes. An appeal must be taken from a judgment, which is done by filing a separate document called a "Notice of Appeal", within 30 days of the loser (of the lawsuit) being served by the winner with a copy of the judgment and a separate document called a "Notice of Entry." The 30 days time can be extended by up to five days depending how the winner served it. For instance, if it was sent to you by regular...

What is an answer in a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

What to do if you have been served with a summons?

Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. Remember that if you do nothing, the person suing you can ask the court for a money judgment against you!

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

How long does it take to file a motion to dismiss?

When you file a motion to dismiss, the time for you to file an answer is postponed until the judge makes a decision on your motion. If the judge grants your motion, the case is dismissed and over. If the judge denies your motion, you have ten days to file an answer. (NRCP 12 (a); JCRCP 12 (a).)

How to collect judgments?

If a creditor gets a judgment against you, it will then take steps to collect on that judgment. The creditor can collect by garnishing your wages, or selling some of your assets or property. Before the judgment creditor does this, it must first find out whether you are employed, how much money you make, and what assets you own. The creditor has three primary ways to obtain this information from you: 1 Serve you with written questions that you must answer under oath. 2 Get a court order requiring that you appear for a deposition to answer questions about your assets. The deposition is often referred to as the Debtor's Exam. 3 Require you to turn over documents related to your assets.

What documents do creditors ask for?

Examples of documents the creditor is likely to ask for include: 1 copies of your prior years' tax returns 2 documents relating to the ownership of your home, auto, or other assets 3 current bank statements 4 documents relating to other debts, such as mortgages, liens, or credit card debts, and 5 documents relating to your current income, such as payroll stubs.

What is the first step in a creditor's process?

Usually, the creditor's first step is to serve you with written questions about your assets. These written questions are often referred to as interrogatories and will be accompanied by written definitions and instructions. Follow the instructions carefully. They will specify when your answers are due and where to send them.

What is an interrogatory?

Interrogatories: Written Questions About Your Assets. Usually, the creditor's first step is to serve you with written questions about your assets. These written questions are often referred to as interrogatories and will be accompanied by written definitions and instructions. Follow the instructions carefully.

How long does it take to get a credit report?

Unless you have a lot of assets, the examination itself usually takes less than 30 minutes. The creditor or its attorney will ask you questions.