Questions About Judgment Debtor
The party that is ordered by court to repay a debt is called a judgment debtor
. If a monitory award is given by the court, the debtor will be responsible to pay that amount as well. The person who wins the lawsuit is referred to as the judgment creditor. The creditor will have the right to get back the debt in any way that he/she wants. Given below are some of the important questions about the judgment debtor:
A person cannot collect debt from a judgment. Will this person have the legal right to picket the fence of the property of the judgment debtor?
The creditor may have the legal right to advertise that the judgment debtor owes him/her money. Since the judgment is a public record, there may be no privacy issues involved. As per the first amendment, the creditor may be allowed to picket the property. However, he/she needs to ensure that this is done peacefully. However, there could be restrictions on how, when and where the person may add the picket. For instance, the creditor may not be allowed to picket the front of the debtors property in some cases. One may find out from the local municipality if there are any rules that he/she needs to follow.
Is a person required to file a lien against a company in every county that the company runs in or only in the county related to the specific lien?
The person may not be required to file a lien against the company in every county that the company operates in. he/she may issue a writ of execution or garnishment and enforce the judgment. The writ may be issued in every county where the company owns property. The writ may be sent to the sheriff of that county.
The individual will have to show the county court the judgment against the company in order to place a lien on its property. He/she may get an abstract of judgment issued from the court where the original judgment was passed.
What does a judgment debtor exam mean?
In most situations, if a debtor does not repay a debt, the creditor may be helped by the court by forcing the debtor to pay. The creditor may have to go to the court and inform them that the debtor has not repaid the debt. At this point, the court may call for a judgment debtor exam. This means that the court will ask the debtor to provide information about all of his/her assets and where they are placed. Once this is done, the creditor will be able to freeze all of the debtors property including bank accounts with the help of the county sheriffs office. The creditor may get the forms that he/she needs from the clerk of the court. Interest on the debt may be calculated using the interest calculator. The interest will be calculated including the total amount owed till the form is filed.
You should know your rights and duties if you are a
judgment debtor or have a possible judgment against you. You may
ask a lawyer if you have any questions about judgment debtors and their duties.
by: MeghanJones
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