A judgement is what the end-result of a lawsuit. The prevailing party then becomes the holder of the judgement, or the creditor; on the other hand, the losing party of a lawsuit becomes the debtor. Once a creditor obtains a judgement, he/she can then move to enforce the judgement. That can include wage garnishment or forced-sales of real property, or even assignments of rental income received. Nonetheless, judgement debtors have legal rights and an attorney can identify if there are any reasons that will prevent a creditor from collecting on a judgement.
For example, if the lawsuit was not properly served on the debtor, and a judgement was obtained by default, the judgement may be void. However, the judgement does not become void automatically; several actions must be taken in court to deem that judgement void.
There are several legal issues that we examine when a consumer calls about post judgment collection issues. Usually, the consumers are in crisis mode and are fearful that they will lose everything. That is why we recommend that a post-judgement debtor contact our office after a creditor begins collecting efforts, in order to discuss what course of action can be taken.
If you are dealing with a post judgment collection and need legal assistance, contact Katz Law now for a free no obligation consultation.