How To Find Out If A Creditor Has A Judgement Against You
Creditors Who Must Get a Money Judgment First. If you owe money to a creditor or debt collector it can obtain a money judgment against you and have the funds in your bank account frozen and paid over to them.
If the creditor files a suit but you fail to appear in court or respond to the suit properly the creditor will win the suit and therefore can file a judgment.
How to find out if a creditor has a judgement against you. The debt is legally yours. The creditor must first find out what assets a debtor has that he or she can use to satisfy the obligation assuming the debtor pleads to lack of funds. The court enters a judgment against you if your creditor wins their claim or you fail to show up to court.
The date of the judgement against you. In other courts you have to prepare the judgment. At the very least the judgment appears in your countys 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.
The amount of money you owe The name of the court who issued the judgement against you. Like many people you likely maintain a share of your money in a bank account. In some courts you have to ask the clerk to prepare and enter record a judgment in your favor.
If you begin to suspect you have a CCJ against but dont know for sure you can find out via the public Register of Judgements Orders and Fines. In many states if the creditor has a judgment against you the Department of Motor Vehicles will provide it with information about your registered vehicles although the creditor may have to pay a fee. If however a default judgment you did not answer the lawsuit was entered against you you should determine if you can have the judgment vacated or what is sometimes referred to having the judgment set.
State laws determine how much money and what types of property a judgment creditor can collect from you. If youre sure the debt is past the statute of limitations you know you wont get sued. Most major credit card companies healthcare providers personal loan lenders and service providers must use this.
Depending on state laws a creditor may get information about your bank accounts and assets by questioning you in court or by sending you a questionnaire. Letter in the mail or phone call from the collection attorneys. When facing a lawsuit and a possible judgment against you protecting your assets is crucial.
Find out if someone was subject to a legal judgment after losing a case in court. Both options require that you comply and be truthful or face perjury charges. Debts past the statute of limitations cant be relisted as new debts on your credit report.
If you do take action on the lawsuit but the court finds that you are legally obligated to the debt the creditor can still file. You fail to show up in court. Common methods include wage garnishment property attachments and property liens.
If the collections company is listed on the corporation commission website you may be able to locate the owner or stat agent and deal with them directly. Entry of a judgment happens when the clerk of the court signs and files the judgment. To do this a creditor must request a Motion for Examination of Judgment Debtor.
Garnishee notice from your payroll department. So you could potentially have the judgment set aside on the grounds that it would be inequitable to allow the judgment to stand when you have no way of satisfying it. The judgment creditor can then use that court judgment to try to collect money from you.
Protecting your bank account is a key element of an overall plan of action to shield your assets from seizure if a judgment is entered against you in a lawsuit. If a creditor takes you to court to recover any money owning to them and wins the court will issue a judgment. You can find out if there is a judgement against you by checking your credit report or by contacting your countys court records department.
You must do this under penalty of perjury. It is up to the creditor not the court to collect on a judgment that he or she received. Use our search tool to find out more details about the court decision including both parties names timeline debt amount and judgment status.
If you do have a CCJ against you the register will tell you. In some states a judgment creditor sends you a form and asks you to fill it out listing your employers name and address your assets and other financial information. If a creditor doesnt have a property lien or a statutory collection right then the creditor must file a lawsuit prove that you owe money and get a money judgment against you.
Contact the court where you got the decision to find out what to do next. If you contested the case answered the lawsuit and the court entered a judgment against you vacating the judgment will be very unlikely. You still owe the debt but they cant keep calling you about it.
The most common ways you may find out that there are outstanding judgments against you are. You should receive a notice of the judgment entry in the mail. You can ask in writing that the collector stop contacting you about the debt.
If you still fail to pay the amount the court ordered you to pay the creditor can then ask to court to issue aWrit.
