what to do aboout civil judgment in nc
Quite often I receive frantic telephone calls from consumers stating that a civil judgment has been entered against them and now they want to know what their options are. And then what exactly does it mean when a civil judgment is entered against you?
I had the adventure to talk over this topic on the New Urban Unlimited show with James Gore on 1150 am KKNW on July 16, 2016 which you tin check out by clicking play on the MP3 player below.
Additionally to summarize our conversation, hither are 10 critical things you need to know well-nigh civil judgments in the state of Washington.
one. 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, information technology ways that the court/jury has decided that one party to the instance is the victor. Included in the judgment is the decision of which side prevailed, and how much money is owed from the judgment debtor to the judgment creditor. Besides included are normally attorney fee's, legal costs of filing the lawsuit and an involvement charge per unit that tin accrue on the debt.
2. A civil judgment creditor can use local law enforcement to collect
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 yous show upwards in court and testify near your assets and their locations. If you don't show up for this hearing post judgment, a bench warrant can exist issued for your arrest.
3. A ceremonious judgment can abound afterward it's entered
The costs, fees and sometimes the attorneys fees a creditor spends to collect a judgment become added to the judgment. Judgments accrue interest as well. In Washington, the statutory involvement rate on judgments is 12%, fifty-fifty if no interest rate is listed. Oftentimes I run into much college interest rates included on default judgments upwards to 26% which can cause your debt load to abound quickly.
four. civil Judgments appear on your credit report
Any judgment entered against tin can appear in the public records department of your credit report. This item tin bring your credit score downwards significantly and once a judgment is entered against yous it may remain on your credit for several years, fifty-fifty if you satisfy the debt. The credit study would but be updated to "satisfied" and not removed permanently. Most debt collectors don't report the debt to the credit bureaus, simply rather the information is gathered from third political party data aggregators who get the information from the courtroom system.
5. Ignore the summons and complaint and you lot lose
Unless you file a written answer with the court inside twenty days of beingness served, a judgment tin exist entered confronting you without your side of the story. You should besides send a re-create of the answer to the attorney who sued you. All that due process requires is that y'all become good detect that you lot are being sued. Do nothing and the creditor wins. So what if y'all never got notice? See #6.
6. Default civil judgments may be set aside
Everyone who doesn't respond to a summons and complaint is subject to a default judgment, which means the party suing wins be default. Default judgments tin be set bated, however judges are usually reluctant to grant such motions, especially if you admit to owing the debt. Any motions to set aside a judgment must be filed with the judge who entered the original judgment. If you have other debts you are dealing with you time and coin might be better served hiring a defalcation lawyer to dispose of your debts or at a minimum negotiate a settlement on your behalf.
7. Ceremonious judgments can be appealed
A ceremonious judgment isn't last until the fourth dimension menstruation for an appeal has expired. Generally, you can entreatment errors of law, but non the factual determinations that a trial court, or a jury, makes. You don't go to innovate new show. This tin also be costly every bit opposed to other alternatives such as bankruptcy.
8. Civil judgments entitle the creditor put a lien on your assets
A judgment lien is an involvement in your property that follows the property wherever information technology 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 habitation or obtain a loan modification if a lien shows up on a title search and information technology has not been satisfied.
ix. Civil judgments are dischargeable in bankruptcy
Debts reduced to civil judgments tin can be eliminated in bankruptcy just as the debt that lies behind the judgment could. Defalcation looks at the nature of the debt behind the judgment to determine if you lot can escape it, non to the procedural status of the debt. Most judgments for debt collection are dischargeable in bankruptcy too equally for automobile accidents if the debt was incurred due to negligence.
10. Civil judgments can last a long time
Civil judgments have a life span provided by state law. In Washington, a judgment lasts for 10 years and can be renewed at the end of that period. Therefore one time y'all accept a judgment entered against you it can last a long fourth dimension and incur a large amount of interest.
As yous tin can see getting a ceremonious judgment entered against you can accept huge consequences and it should exist avoided at all costs. If yous live in Washington country and have additional questions about ceremonious judgments, give Symmes Law Grouping a call at 206-682-7975 to acquire about your options.
Source: https://www.bankruptcy-law-seattle.com/Articles/10-things-need-know-civil-judgment-entered/
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