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Do You Need Help Dealing with a Legal Judgment?

There are basically two types of legal judgments: criminal judgments and civil judgments. If you are facing a criminal judgment, consultation with criminal lawyer is advisable.

A civil judgment is a final court decision and order resulting from a civil lawsuit, often requiring one of the parties to pay a specific sum of money to the other party. Legal judgments may occur if you are in debt and unable to pay the amount owed and the judgment creditor gets a judgment against you. They can also occur in a civil suit when civil judgment becomes a factor. In any case, after a legal judgment is made, there is the possibly that judgment liens can be placed on your property or that your paycheck can be garnished to repay the debt or judgment lien.

Most creditors do not want to take you to court to collect money that is due to them. In many cases, it is possible to have an lawyer negotiate the debt or payment terms in a way that will satisfy the creditor and will give you the chance to come to terms. It is a good idea to get an lawyer involved early on in such circumstances. Ignoring your creditors and collection attempts will most likely prompt them to sue you in court. It is best to get the situation under control before the creditor goes to court and becomes a judgment creditor.

Once a creditor gets a legal judgment, they are able to enforce it with the assistance of the court by filing for judgments liens or execution. Sometimes a lien is placed on real property and the legal judgment is not satisfied until the property is sold, at which time the judgment creditor gets paid first out the proceeds of the sale.

For small debts, usually execution through seizure and judgment liens is not necessary, and the debt can be collected through garnishment of the debtor's salary or income.

Legal Judgments and Bankruptcies

In the case of a bankruptcy, civil judgments can be discharged. However, in some cases, if a judgment lien is filed, the lien will survive the bankruptcy but you may no longer be able to collect the debt through seizure. If you are in process of collecting a judgment, the assistance of an lawyer is recommended.

If you have a legal judgment against you and you are considering filing bankruptcy to get the judgment dismissed, it is also advisable to consult with an lawyer to get legal help considering your options.

A bankruptcy does not always assure that a judgment will go away, and it does not ensure that your assets or property will be secure against seizure. Making the decision to file bankruptcy may have consequences that you are not prepared to deal with. Getting an lawyer's advice about your options (and the consequences of such options) will help you to make the best decision for you considering your circumstances.

Expiration of Judgments

Most legal judgments don't last forever and remain eligible for enforcement. In fact, most states allow judgments to expire in eight to ten years unless the judgment creditor files for a judgment extension before expiration.

Usually, if you are the debtor in a legal judgment, the judgment will stay on your credit report and affect your credit for seven to nine years. An lawyer who specializes in credit issues can help you to ensure that judgments are dropped from your credit report in accordance with the law.

Regardless of your situation, whether you are the creditor or the debtor, it is advisable to get legal help from an lawyer who specializes in legal judgments. They can give you advice, based on the law in your state and your unique circumstances, to make sure that your rights are adequately protected in accordance with the law.

Whether you are judgment creditor or judgment debtor (or if you stand the chance to become one) it is best to have an lawyer who is prepared to represent you and to protect your interests when it comes to a legal judgment.

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