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Credit Mishaps

Understanding Judgements

A judgment is a court ordered lien, meaning that a creditor has proof that money is owed and the court is asked to help the creditor receive the money owed. It should be noted that the court charges a fee for helping the creditor receive owed money and that even though the court helps a creditor try to recover debt, it can not guarantee that the debtor will pay it.

When a creditor files for a judgment, the party usually does so in civil court. Once the judgment is filed, the debtor should receive notification that a judgment has been filed against him or her and has the right to be present at a hearing. If the debtor does not show up for the hearing, the judgment is usually automatically filed in default and the debtor is now legally required to pay off the debt.

It should be noted that if you receive a notification to appear in court due to a creditor filing a judgment, you should definitely appear and explain your situation. Sometimes a judgment is filed for credit card debt or another type of unsecured loan. Many times individuals stop paying a credit card because they have an issue or a mistake was made. If this is the case, you should definitely appear in court to explain the situation before a judgment is allowed by the court.

Once a judgment is filed, there are many ways in which a creditor can try to reclaim any debt owed from the individual or party. First off there is a bank levy. This means that any money that is being held in your checking or savings account can be confiscated. However, some types of income are exempt including social security, child support, welfare benefits, etc.

Another way the court can make the debtor repay a debt is by wage garnishment or court repayment plan. In a wage garnishment about 10% of your gross wages are removed by your employer and paid to the court (this amount varies in each state). In a court repayment plan, an individual or party pays the court on a set schedule for a set time period until the debt is repaid

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