How to not pay a judgement

At the conclusion of a civil case, the final decision giving money to the winning party is known as the"judgement" The party who obtained and is eligible to collect the money is known as the"judgement creditor." The party who owes and lost money is known as the"judgement debtor."

Following the conclusion is signed by the judge, it must be filed with the court clerk. This is called"entering" the ruling. When the judgement is entered, a notice of the entry must be sent to all parties in the case and filed with the court clerk. Typically, the winning party can begin trying to collect the judgement ten days after the notice of entry. It's up to the judgement creditor -- may be not the court to collect by the judgement debtor than how to not pay a judgement.

To see a flowchart showing the set procedure, click the link below or scroll to the bottom of the page.

 How to avoid paying a civil judgement

• How does a judgement creditor induce a judgement debtor to pay a judgement?

There are two Chief ways a judgement creditor can legally take property or cash from the judgement debtor to pay a decision:

Attachment

Attachment allows the judgement creditor, with the support of the sheriff or constable, to take personal property, including a vehicle, in the judgement debtor and sell it. "Attachment" means accepting legal possession of their property. "Execution" means promoting the attached property.

Garnishment

Garnishment allows a judgement creditor to choose something of this judgement debtor's that is in the hands of another person or institution, such as money from the judgement debtor's bank or wages from his employer.

• What info does the judgement creditor need to garnish wages or joint bank accounts?

The judgement creditor -- not the courtroom -- is responsible for collecting the civil judgement she won but how to avoid paying a civil judgement. To do that, the judgement creditor usually needs some basic information about the judgement debtor's money or property (for example, where he works and where he banks) and how to not pay a judgement. If the judgement creditor doesn't have that information, she can request the court to set a hearing at which the judgement debtor must supply this information.

• What property or money can the judgement creditor take from the judgement debtor to pay the judgement?

The judgement creditor cannot take certain property associated with basic needs. This property is known as"exempt" property.

• When and how does the judgement debtor claim his right to an exemption?

A judgement debtor cannot assume the property is safe just because it's technically exempt from execution under the law. The judgement debtor must take action to prevent the exempt property or income from being captured or to reclaim it once it is seized.

Before attachment or garnishment, the judgement debtor can:

"Homestead" his house or mobile home if he owns it or resides inside. To find out more about maintaining a homestead, check out the Clark County Recorder website.

In the event, the judgement debtor has income that is exempt (such as Social Security benefits)he could notify the judgement creditor in writing of this fact that his bank accounts, by way of instance, has just Social Security benefits in them. This technique does not stop the judgement creditor from garnishing the bank account, but the judgement creditor is less inclined to pursue the ruling if she knows that all funds are exempt.

File a claim of exemption with the courtroom. When a judgement creditor garnishes salary or a bank account or efforts to attach and market the property, the judgement debtor has ten days from the date the notice of the attachment or garnishment is mailed to him (postmarked) to assert that the money or property is exempt.

• If the judgement creditor disagrees with the exemption claimed by the judgement debtor, what can she do?

If the judgement creditor disagrees with the judgement debtor's claimed exemptions, then she's eight business days following the claim of exemption is served to file an objection with the court.

• In the event the judgement debtor claims an exemption, how does he get his property back?

How (or when ) the judgement debtor receives his property back depends upon whether the judgement creditor objects to the exemptions claimed by the judgement debtor and how to not pay a judgement.

If the judgement creditor doesn't dispute that the judgement debtor's claim of exemption, the sheriff or constable will return the property to the judgement debtor nine business days from the date that the claim is served to the lender and the sheriff or constable.

When the judgement creditor disputes the claim of exemption, the judgement creditor can ask for a court hearing. The hearing will normally occur within fourteen days after the judgement debtor files and serves his claim of exemption. At the hearing, the judge will decide whether the judgement debtor's claimed exemption is valid and if any money or property must be returned.