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Frequently Asked Questions

Once the judgment or default judgment is entered, how can the creditor then collect his money?

Bankruptcy Law Attorney Attorneys Lawyer Lawyers Columbia Te...
There are several ways in which the creditor can then proceed to collect his money. One way is to serve a garnishment order on your employer or bank. Another is to execute a judgment lien against your real estate or personal property. The creditor may seek out any assets that you may have that could satisfy the judgment against you.
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How may I collect on the money judgment?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
Through various attachments and writs. See the Landlord and Tenant Clerk for additional information, forms, and costs.
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How do I collect money on a judgment?

Small Claims Frequently Asked Questions
Complete an application for wage, property or financial institution execution and file with the clerk of the court where the judgment was entered. The following fillable forms are available on this website: Wage - JD-CV-3; Financial Institution - JD-CV-24; Property - JD-CV-5. execution authorizes a proper officer to attach the debtor's wages, his or her nonexempt personal property or the debtor's bank account. (This does not include real estate.)
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What is a default judgment?

Bankruptcy Law Attorney Attorneys Lawyer Lawyers Columbia Te...
If you fail to appear in court as ordered by subpoena to defend this action, the court will enter in a default judgment against you and in favor of the creditor.
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Frequently Asked Questions - Small Claims Court - Dane Count...
If the defendant fails to provide a written answer "disputing the claim" by mail (or in person) a default judgment may be entered against the defendant. A notice that judgment has been entered will be sent to the parties.
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How do I collect a judgment?

Sherburne County Court Administration - Frequently Asked Que...
Court Administration has a pamphlet explaining the steps in paying, collecting and appealing a conciliation court judgment. You may pick up the pamphlet at this office or the information is available on the state web site (http://www.courts.state.mn.us/ctforms/).
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Orange County Clerk of Courts - FAQ - Small Claims Court
The court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment. You may also wish to pick up an information sheet that addresses collecting a judgment, which is available at the Clerk's County Civil Division at the following offices:
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How can I collect on a judgment I have against someone?

Clay County Frequently Asked Questions (FAQs)
If it is a judgment from small claims court, the judgment must be transcribed to District Court. The cost for that is $30.00. Once transcribed, you may direct the other party to answer questions regarding their assets and income. If they fail to answer, they may have to appear in court. You may then file an execution against the debtor and have it served by the Sheriff. Although you must pay for these actions up front, the cost can be added to what is owed you.
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What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?

Fred W. Minter: Atlanta Georgia Lawyer, Bankruptcy, Divorce,...
If a creditor continues to attempt to collect a debt after the bankruptcy is filed in violation of the automatic stay, you should immediately inform your attorney. He will notify the creditor in writing that you have filed a bankruptcy. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action.
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If I win a small claims judgment against a business, what can I file to collect my money?

Greg Hartmann - Clerk of Courts
You can file a judgment debtor exam. This is a process whereby the person is summoned to appear in court and you can ask them questions about what assets they have, where they work, bank, etc.
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top Can I collect judgments on my own without buying any judgment system?

FAQ - Judgement Collections
Yes you can. But do you know how? Just for a few dollars with the purchase of this system I can save you a lot of time, do it legally, safer etc...
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What is a money judgment?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
If the landlord sues the tenant for possession because the tenant owes rent, the landlord can also request that the tenant be required to pay the back rent and any other monies due, such as late fees. If the landlord makes this kind of request, he or she is asking for a money judgment.
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How may I get a money judgment?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
First, the tenant must be served personally with a copy of the summons. If you get a default at roll call, ask the clerk to send the case before the judge. Ask the judge to grant you a money judgment. If your cases goes to trial and you win, you can ask the judge to enter a money judgment at the trial.
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What happens when a final judgment is entered?

Leon County Clerk of Courts
If the Court enters a Final Judgment against the party in default and the Final Judgment is for eviction, the plaintiff may ask the Clerk to issue a Writ of Possession. This must be served by the Sheriff's Office.
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a defendant, what rights do I have if a judgment is entered against me?

AOC FAQ
If a judgment is entered against you stating that you owe money to a party and you want to pay the amount owed, it is safer to pay the money to the Clerk of Superior Court rather than directly to that party. If you do pay the party directly, make sure he or she notifies the Clerk so the judgment will not continue to be listed against you.
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Question: What happens after judgment is entered?

Evictions Unlimited - Philadelphia, PA - FAQ
Answer: In residential cases, the losing party has ten (10) days to file an appeal and in non-residential cases, either party has thirty (30) to appeal.
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Return to top 28. What if a creditor tries to collect money after I get a discharge?

U.S. Bankruptcy Court - District of Colorado - FAQs
The best thing to do will depend upon the specific facts of your case. If you have questions, contact an attorney. Make sure the creditor is aware that you received a discharge by mailing a copy of the discharge order to the creditor.
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Frequently Asked Questions
How do I change or correct information in the petition, schedules and statements I have already filed with the
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What if a creditor has sued me and now has a judgment?

Sheri Gonyea - Bankruptcy Attorney, Clarksville, TN
After you have been sued for a debt and the creditor has obtained a judgment against you, the next step the creditor will take is to attempt to seize your bank account or wages (called a "garnishment"), seize any other property you may own, or put a lien on your real estate by filing their judgment at the Register of Deeds. There are nonbankruptcy steps you can take to protect your property from your creditors. If this applies to you, make sure we discuss it during the first interview.
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How can I vacate a default judgment or lien?

Supreme Court - 2JD Kings County
A motion or order to show cause with an affidavit in support must be filed with notice in the court where the judgment was entered and served on all parties in the action pursuant to the Civil Practice Law and Rules.
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Can a creditor collect interest on the unpaid claim?

Online Collections by Comlawnet.com
Generally, yes. Any agreed upon rate should be added to the account at the time of submission. If it is necessary to file suit, interest will be part of the legal demand. The rate varies from state to state.
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Hillary Grosberg: Los Angeles California Lawyer, Business, C...
A creditor can only collect interest on a debt if there is an agreement beforehand, whether it is a credit application, a sales or purchase contract. If a creditor receives a court judgment, most courts do allow post judgment interest in rates that vary from state to state. Court costs are also recoverable and added to the amount of the final judgment.
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Can you guarantee that you'll collect my judgment?

JudgmentBuy.com - FAQ's
There are no guarantees, except that I will make my strongest effort. Every debtor and (every case) is different. I try to collect 100 percent of the total owed - but sometimes that is not possible - e.g., if the debtor dies or becomes disabled or is dirt-poor. I use every strategy to collect, including pursuing assets of spouses and even a former spouse, and when appropriate, add debtors to your judgment on "alter ego theory".
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How can I collect on a judgment in North Carolina?

Smith Debnam - Raleigh North Carolina Attorneys at Law - fre...
ANSWER: If a judgment debtor fails to voluntarily satisfy a judgment then the creditor may issue execution. Execution is the process whereby the sheriff forecloses upon the real and personal property of the judgment debtor in order to satisfy the judgment. If the judgment debtor is an individual, a creditor must first afford the judgment debtor the opportunity to claim certain property as exempt from execution prior to issuing execution.
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