A judgment is a legal ruling issued by a court after a creditor or collection agency successfully sues a debtor for an unpaid debt. Once a judgment is granted, the creditor gains legal authority to take various actions to collect the debt.
How Does a Creditor Obtain a judgment?
- Filing a Lawsuit: The creditor or collection agency files a lawsuit against the debtor in court.
- Court Proceedings: If the debtor does not respond or loses the case, the court issues a judgment in favor of the creditor.
- Enforcement of the Judgment: The creditor can use legal means such as wage garnishment, bank levies, or property liens to recover the debt.
How Long Does a Judgment Last?
The length of time a judgment remains valid varies by state but typically ranges between 5 to 20 years. In many states, judgments can be renewed, allowing creditors to extend their collection efforts.
- Typical Duration: 10 years (varies by state)
- Renewal: Many states allow judgment renewal before expiration, extending the enforcement period.
- Credit Report Impact: A judgment can stay on a credit report for up to 7 years from the filing date (under credit reporting laws).
What Can Creditors Do with a Judgment?
Once a judgment is issued, the creditor can pursue different legal avenues to collect the debt:
- Wage Garnishment: The creditor can obtain a court order requiring an employer to withhold a portion of the debtor’s wages.
- Bank Levy: The creditor may freeze and withdraw funds from the debtor’s bank account.
- Property Liens: The judgment may be attached as a lien against real estate or other assets, preventing the debtor from selling or refinancing without satisfying the debt.
- Seizure of Assets: In some cases, creditors can seize personal property to satisfy the judgment.
How to Handle a judgment
If you are facing a judgment, consider the following options:
- Negotiate a Settlement: Many creditors are willing to negotiate a reduced payment.
- Request a Payment Plan: Some courts allow installment payments to satisfy the judgment.
- Challenge the Judgment: If you were not properly served or there were errors in the case, you may be able to dispute the ruling.
- Seek Legal Assistance: Consulting a consumer rights attorney can help you explore your legal options and protect your rights.
Final Thoughts
A judgment is a serious legal action that can have long-term financial consequences. Understanding your rights and options can help you navigate the situation effectively and work toward a resolution that minimizes financial harm.