I have a default judgement against me need to know what they can do to me?
111538
With Texas' homestead exemption, they can't touch your house.  The exemption also covers one car per person, so if you're married, both cars are covered.\n\nWages are also exempt from garnishment, except in the case of child support.\n\nIncome that is not a wage can be garnished or ordered turned over to a receiver.\n\nBank accounts, rents and royalties can be garnished.\n\nExemptions include social security benefits.\n\nWARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.\n\nWhat they can do is put the unpaid debt on your credit report which will lower your credit rating and make life a bit harder since these days, everyone looks at your credit rating, for example prospective employers, insurance companies (even for your car insurance rates), and banks and other creditors (for loans), and landlords (to help determine how reliably you will pay their rent/lease payments every month).\n\nThey can turn the debt over to a collection agency that within certain legal parameters can call and hound you often, making life a real hassle.  You can get rid of the collection agency by formally (in legaleze) telling them to quit calling but one way or another, the creditor can become a real hassle.\n\nSeems like if you hold out long enough, they could change their mind after a while and settle with you for a smaller amount.  You also might consider talking to someone higher up in the chain who might be a bit more agreeable.  I would also suggest you get a book on negotiation techniques.  One is to start out a lot lower than $5,300, then work your way up. Your first offer should always be at least double the distance between the initial debt and where you want to end up (no matter how outrageous) so you both can compromise to the middle.  And don't give in too easily otherwise they will probably regret their decision to compromise at the level they did and change their minds or try to pull a fast one on you in one way or another afterward.
264643
Get a lawyer(you don't have a choice),plan on spending a lot of time in court.\nThe best advice I can give you is accept that you screwed up BIGTIME.Don"t try to get over because the court has already seen anything you could come up with.Just do what the judge tells you to do in a timely fashion.\nYou're going to have to take a big bite of that s... sandwich,but as long as you don't start telling them what you will and will not do(biggest mistake you can make)you should come out o.k.Just accept that it's not going to be a lot of fun for a while and try to think positive.
770413
I assume this question is for a jurisdiction within the United States.  Answer:  Generally speaking No - when a monetary judgment is rendered against you in a civil dispute, the party that won the judgment has to go back to court to obtain a lien against a tangible asset you own, or have your wages garnished - if you do not pay the judgment within the time allotted.  State law may control what comes first in terms of what the plaintiff can do to get their award out of you.  They may try bank accounts first, then wage garnishment, then asset liens or some combination of these things.  Rules vary by State.  In some States it's a crime to try to hide your assets from such a judgment once it's been issued by the Court.  Currently, I am not aware of an 'automatic' lien scenario where your assets are frozen on the spot for a civil case.  That doesn't mean it can't happen.  Criminal cases are another matter.\n\nIf you have a good reason for not appearing at the hearing, you may able to have the judgment set aside and get a new trial, but you have to have a really good reason for not showing up, and of course, you have reason to believe you are not at fault in the dispute.  You already stated you were served but failed to appear, so you can't argue you didn't know about the hearing date.  \n\nAt the end of the day, you need to consult with a lawyer to see what your options are.  Most lawyers will give you an initial consultation for free.\n\nThis post is for general information only and is not and should not be construed as legal advice - consult a qualified lawyer in your State.
1180398
I agree with spade_2nite, something doesn't sound right if they are contacting you for payment - if they had recieved a judgment.\n\n\nContact your county court clerk and ask if there is a judgment or a suit filed in your name. (You can also go to the clerks office and request to see your file.)\n\nIf there is no judgment or pending suit filed, that company is violating your rights. If that is the case - speak with an attorney immediately!!!\n \nIf there is a judgment filed and you had been properly served, check your state statutes for the exemptions in your state.\nFor example -  exemptions "may" mean that they cannot garnish your wages, take your car, take funds from your bank account etc. It all depends on "your" states exemption laws. \n\nAfter you check with your county court clerk and find that there is or is not a judgment against you, it may be best to speak with an attorney. There are many attorneys that will give a free first consult   \n\nAlso, I would suggest purchasing a tape recorder and the next time they call, tell them that you are recording the call. Some states allow you to tape without informing the other party that you are taping, you would have to check your state laws on that. But, if you cannot find your states laws on taping, then be sure to inform them you are taping when they call.  \n\nTell them that recieving phone calls at your home and place of employment is inconvenient for you and that you are requesting they contact you by the U.S. postal service only - be sure to have that on tape. By law, if you tell them to cease calling - they are "required" to stop calling.\n\nIf there is a judgment against you, filing for bankruptcy may not be the wisest thing to do - depending on the dollar amount of the judgment and your other debts. \n\n\nI have included a link so you can check your states rules of service
130302
They can sue you and receive the court fees along with penalty's that might be in the contract. Also, this goes on your credit report as a judgement. When you have active judgements on your credit, you would be turned down for about 99.999% of credit requests.
1025112
Most likely they won't try to sue, they will give you a chance to pay what they feel you owe and then they will sue. They have lawyers, they know what they are doing.\n\nWhat can I do? - \n1. If you believe you owe them the money, try to work out a settlement and arrangements\n2. If you don't, go see a lawyer
85691
If they have sued they must receive a judgement against you in court in order to collect that debt.
150065
If you don't file an answer and otherwise defend yourself, they win and you get a civil judgement against you.  That could include a court order to shut you down.  If you have no assets they could sieze, they could still garnish your future wages.  It also doesn't look really good on your record if you later try to do business with someone and they look it up.
82549
Nothing. You cant claim he caused you monotary damages because you want to evade paying your bills.
343194
it can stay on your credit report for twenty years or more, depending on your state laws.  judgments are renewable every so many years.  they will essentially really mess up your credit.  i know, i've got the jacket.  was the judgment a default judgment?  did you show up to defend yourself?  if it's a default judgment, you may be able to have it vacated.  that's what happened to me.  but you need to either pay it, or take other legal avenues.  even if it's vacated, the creditor can turn around and sue you again.  that's the point i'm at now.  so, you need to ask yourself if it's a smaller amount, is it worth paying it off, or spending lots of other legal fees.  all depends on the total amount due.  also, now that they have the judgment, they can file garnishments with your employer, and you'll never know it until after it's being deducted.  it's quite a mess.  once it's paid, though, the judgment will stay on your report for 7 years.
73901
There is no way to "beat" the case now that you have already lost it.  It can be appealed, but that would cost more than paying it.  The best thing you can do is reach an agreement about paying off the judgment against you.  You are bound to pay off the judgment (I presume the court found you owed money and didn't order particular steps about how you should repay) but it can be hard to actually collect, and most people eventually agree to payment schedules rather than trying to force total immediate payment.
820003
Jennifer \n#1 You need to get a lawyer. A corporation cannot represent itself in a judicial proceeding.  \n#2 -- If this was a JUDGMENT, that means that they went through some process and it's enforceable as a matter of law.  Most likely, they filed a lawsuit against you, you didn't respond, so the court entered a "default judgment" for the relief requested by the Court.  This could have happened in Ill. OR in Florida. If the latter, then they have merely filed or registered the judgment in Illinois so that they may collect it. \nDid you ever receive a summons and complaint from these people? Did you ignore it, believing that it would go away?  If so, it will be hard to get the judgment vacated.  You usually need some excuse or good reason to have a judgment vacated (although in Cook County, you may get a sympathetic judge, who wants to adjudicate the merits, who will vacate and set the litigation going). See #1.\n#3 They have already "taken it to court" if, indeed there was a "judgment" filed against you. See #2.  If they merely have filed a complaint seeking judgment, that's a different story, and you have a short amount of time to respond to their allegations.  Get to a lawyer ASAP, otherwise you will be faced with a default judgment.\n#4 -- you won't get good legal advice for this issue here because of the fact-specific nature of your problem (exactly what was filed, the underlying dispute between the parties, etc.) Then you need to think about cost.  How much is the judgment for (or is the Complaint alleging?)? A good lawyer in Chicago will set you back $250.00 an hour at a minimum plus expenses.  If this is something you want to fight, expect $20,000 in fees for litigation at a minimum.  If this is a small matter, expect at least $2,000 in fees to reach an amicable settlement.\n\nThe Illinois State Bar Association should have a referral service on their website if you do not have a lawyer.  If you're willing to pay the going rate ($250.00 for associates, $400-500 for partners) in Chicago, I have some referrals for you.\n\nGood luck.
65862
The are a number ways, including filing a motion to set aside the default and a motion to quash service of the lawsuit.  You should consult an attorney right away because the court where the lawsuit was filed might not have jurisdiction over you.
1046592
Happens.\nAlso happens that a defendant was served, but did not know it.\nThe real question is:  What do you do about it?\n\nAssuming you are talking about a non-criminal case:\n\nAnswer:  Have a copy of the entire court file made.  \n\nGo through the copies.  There should be a proof of service in there.  That will show what the plaintiff said was done to serve you with the papers.  There will also be a judgment, see how much it is for, whether you have a defense to the case, and if you have insurance that might pay the judgment.  \n\nIf you have insurance, contact the insurance company and  request that they represent you.\n\nIf you do not have insurance, decide how much you can spend in legal fees to have the judgment overturned and the case tried.\n\nFind an attorney.  Give the attorney the copy of the entire file.  Tell the attorney why the proof of service in the file is incorrect, or why you didn't know you were served.  Give the attorney all the supporting documents you have.  \n\nAttorney will then file a motion under that state's civil procedure rules to have the default set aside and the judgment vacated.  \n\nPlease note, the time in which you have to file the motion varies from state to state, some states give you as little as six months from when the judgment was entered (not when you found out about it) while other states start the clock when you found out about the judgment (or sometimes, when you should have found out about it).   Not knowing which state the case is in, or the reason(s) you were not given notice, the only advice I can give is:  MOVE FAST.
205810
They can tell you anything.  Go with a lawyer.
462058
A precise answer depends on the law of the particular jurisdiction you're in. In New York, you could move to vacate the default judgment.  You would have to show: (1) a reasonable excuse for not having appeared in the case earlier (pretty easy to do here, your excuse is that you were never served with process and you didn't know there was any attempt to impose liability on you personally); and (2) a meritorious defense to the claim (the arguments you've outlined about why it's your husband's sole responsibility).\n\nYou will probably need to consult a lawyer to get this cleared up.  A possible alternative: Contact the Registrar.  Explain why this is bogus and ask that the Registrar consent to vacating it, the alternative being that you'll engage a lawyer, the Registrar will incur legal fees in a hopeless cause, and, depending on your local law, the Registrar might even have to reimburse you for your legal fees.  There's not much chance that this will work, and there's a downside to even trying -- you don't know the law, so you might say something that could be used against you later.
543198
My guess would be that the judgement will create the CCJ, without regard as to how quickly you pay up.  Speak to an attorney for advice specific to your case.