Friday, December 9, 2011

There seems to be a lot of confusion about the who, what, where, and whys of judgments.


What is a Judgment?
A judgment is basically a decision by the court resolving a dispute between two parties. If you have a judgment on your credit reports, more than likely it resulted from one of your creditors suing you, and the court issuing a judgment against you for the amount owed.
How long will a judgment stay on my credit reports?
The Fair Credit Reporting Act (FCRA) allows for the reporting of judgments for 7 years unless a state law provides a longer time period. (15 USC 1681c)
What do I do if I receive a summons?
  1. DO NOT ignore the summons!
  2. If possible, contact a local attorney.
  3. If you are not able to hire an attorney contact your local Legal Aid Society
  4. Or you can contact the court clerk (whose contact information is on the summons you received) and they will help you file an answer to the complaint.
  5. Contact the creditor or attorney and try and resolve the complaint.
  6. Compile all documents or evidence supporting your case.
What happens it I ignore the summons?
If you ignore the summons you run the risk getting a default judgment against you. A default judgment basically means the judge rules in favor of the creditor because you did not show up. This is important because if you do not really owe the debt or if it is incorrect, you could still be liable.
What does a judgment obligate me to do?
A judgment is the Courts decision obligating you to pay the debt. A judgment can be executed by local law enforcement or a writ of garnishment can be obtained allowing your wages to be garnished.

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