What kind of lawyer handles judgements

Your debt will continue to grow as a result of post-judgement interest. Having a judgement against you can be scary and overwhelming, but Heston Law Firm is here to help. We can review your case and determine how to pursue the best possible outcome for you. Depending on the circumstances surrounding your judgement, we may be able to appeal to have your judgement completely vacated.

If not, you are judgment proof. Learn more about what being judgment proof means. If you are judgment proof, it might not make sense to spend money hiring an attorney to defend against the creditor's lawsuit. If you have a significant amount of debt, especially credit card or other unsecured debt, it might be worth your while to consult with a bankruptcy attorney. Defending numerous credit card suits can be expensive and time consuming, and the effect on your credit score of these judgments might be worse than that of a bankruptcy.

You might find that discharging all your old debt with a Chapter 7 or a Chapter 13 bankruptcy could cost less than defending even one credit card suit. And bankruptcy can often help you get on a stronger financial footing sooner. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Consider these factors when deciding if you should hire an attorney to defend against a creditor lawsuit.

Your Choices for Dealing With a Lawsuit When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you called a "default judgment" defend the lawsuit yourself, or hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors. Do You Owe the Money?

We know what judges are looking for and most times our clients are not required to be in court. If the judgment is vacated, will then be allowed to litigate the case and will have a far better chance of resolving the case to your satisfaction. Timing in attacking the judgment is usually the biggest problem: The first thing we do is determine if the judgment is defective and can be overturned.

Even just the threat of a Motion to Vacate by a respected attorney who has done it many many times will get you a better settlement. Once you become aware of a judgment that you contend is defective, you generally only have 6 months to make the motion. So, if you do owe it but you were not served correctly, THE. This is why we sometimes recommend settlement because ultimately you may pay them anyway. It does not make sense to pay your lawyer to make a motion to vacate when you are just going to settle the case afterwards.

That includes our fee and any settlement you may pay. If the case can be won or the settlement reduced by making the motion, do so! Point is, get good strong legal advice and remember the end game: pay as little as possible to everyone! Timing in attacking the judgment: The first thing we do is determine if the judgment is defective and can be overturned. Depending on the facts of your case, you may only have 6 months or 2 years in which to file a Motion to vacate the judgment.

Timing in protecting your assets: If the judgment stands and cannot be overturned, the next analysis is: do you have anything that can be attacked? If so, we will advise you on how to best protect yourself from bank levies, wage garnishments, property liens and seizures.

Once the judgment is entered, it becomes a legal obligation to pay the amount listed in the final order. To obtain a judgment, a creditor must follow the Ohio Rules of Civil Procedure for initiating a lawsuit. Specifically, the plaintiff must file a Complaint describing the dispute and requesting legal relief.

In addition, the plaintiff must arrange to give you legal notice of the lawsuit. This involves someone personally serving you with a Summons, the Complaint, and any support documents. As the defendant, you have 28 days to file an Answer to the allegations in the Complaint.

A judgment is any court decision regarding the rights and liabilities of the parties involved in a legal proceeding or action. Therefore, judgments can arise in various ways. These include direct verdict judgments where a judge or jury issues a decision or a judgment on the pleadings, where the court makes ruling as a matter of law. While these are among the most common ways a judgment may be rendered in a debt action, depending on the underlying claims, others may include:.

You could also wait to receive word that a judgment was entered, but there could be unfortunate consequences.