Judgment

Have questions about the legal definition and meaning of judgments in court, such as a summary judgment or consent decree, how the various types of legal proceedings work, and where the judge comes in?

Read this expert guide to get answers to these and many more judgment-related FAQs!

What Is Judgment In Law?

In law, judgment refers to a court’s final decision or ruling in a legal dispute or case. It is the formal declaration of the court’s decision on the rights and claims of the parties involved. A judgment is typically made after considering all the evidence, arguments, and applicable laws.

It can determine various things, such as liability, damages, and any other remedies or relief that may be granted to the prevailing party. Once a judgment is issued, it is binding and enforceable unless overturned or modified on appeal.

What Are the Types of Judgments?

There are several types of judgments that apply to various legal case situations, including:

1. Monetary judgments: These types of court judgments involve a monetary award required to be paid to one party by another. This can include damages for breach of contract, personal injury, or other financial losses.
2. Default judgments: A default judgment is granted when one party fails to respond or appear in court. The court may then grant a judgment in favor of the other party.
3. Declaratory judgments: This judgment type is made when the court determines the rights and obligations of the parties involved in a legal dispute. It does not award any damages or specific remedies but rather clarifies the parties’ legal position.
4. Summary judgments: Summary judgments are granted when the court determines that there are no genuine issues of material fact and that one party is entitled to judgment as a matter of law. This is typically done without a trial.
5. Interlocutory judgments: Interlocutory judgments are issued during a lawsuit and do not resolve the entire case. They address specific issues or requests for relief and are not final judgments.
6. Consent judgments: Also, as a consent decree, consent judgments are reached when both parties in a lawsuit agree to the terms of a settlement, which the court then approves.

It is important to note that the specific types of judgments may vary depending on the jurisdiction and the nature of the legal dispute.

What Happens If a Defendant Ignores a Judgment?

If a defendant ignores a judgment, there can be several consequences against them. The following are some of the more common potential implications and outcomes:

1. Collection efforts: The plaintiff may try to collect the judgment amount by various means, such as wage garnishment, bank account levies, or property liens.
2. Interest and penalties: If the defendant ignores the judgment, interest may accrue on the judgment amount, increasing the total debt. Additionally, there might be penalties imposed for non-compliance.
3. Credit damage: Ignoring a judgment can negatively impact the defendant’s credit score and creditworthiness. This may make it difficult for the defendant to obtain future loans, credit cards, or other financial benefits.
4. Contempt of court: If the defendant willfully ignores a judgment, the court may hold them in contempt. This can result in fines, additional penalties, and even imprisonment.
5. Legal enforcement: The plaintiff may seek legal enforcement options, such as filing a motion for a writ of execution, which allows the sheriff or other authorized officers to seize the defendant’s property to satisfy the judgment.

Ultimately, a defendant needs to take a judgment seriously and comply with its terms. If a defendant cannot pay the judgment amount, they may consider negotiating a payment plan with the plaintiff or seeking legal advice to explore other options.

Can a Plaintiff Make an Offer of Judgment?

Yes, in addition to a defendant, a plaintiff can make an offer of judgment in a legal case. An offer of judgment is a formal proposal made by one party to another to settle a case. This offer made by the plaintiff to settle the case out of court is known as the demand letter for personal injury lawsuits.

The purpose of an offer of judgment is to encourage settlement negotiations and avoid the need for a trial.

If the opposing party accepts the offer, it becomes a binding agreement, and the case is resolved. If the opposing party rejects the offer, the case continues forward.

How Long Do Judgments Last?

The duration of a judgment can vary depending on the jurisdiction and the type of judgment. Generally, a judgment is not indefinite and only lasts for a specific number of years, typically determined by the specific jurisdiction’s laws. This period can range from a few years to several decades.

For example, in the United States, federal judgments are enforceable for 20 years, while state judgments vary in duration depending on the state.

In some states, the duration can be as short as five years; in others, it can be as long as 20 years or more.

It is important to note that the duration of a judgment can be extended if the creditor takes specific actions to renew or revive the decision before it expires.

This typically involves filing the necessary paperwork with the court and serving notice to the debtor.

Additionally, judgments can have long-term implications on a person’s credit report, as they can remain on the credit report for a certain number of years, typically seven to ten years, depending on the jurisdiction.

How To Write a Motion For Summary Judgment?

Writing a motion for summary judgment is a legal document that argues for a judgment in favor of one party without going to trial. Although the steps for how to draft a summary judgment can differ from court to court, the following is a general step-by-step guide on how to write a motion for summary judgment:

1. Title and Introduction: Start with a title indicating a motion for summary judgment. Introduce the case by mentioning the parties’ names, court, and case number.
2. Statement of Facts: Provide a concise and objective summary of the relevant undisputed facts of the case.
3. Standard for Summary Judgment: Explain the legal standard for summary judgment in your jurisdiction, emphasizing the absence of genuine material facts and entitlement to judgment as a matter of law.
4. Legal Argument: Present your legal arguments supporting the motion, citing relevant laws, regulations, case law, and precedents. Address opposing counterarguments.
5. Statement of Undisputed Material Facts: List undisputed material facts, numbering and referencing them throughout, along with evidence citations.
6. Statement of Disputed Material Facts: If there are disputed material facts, explain why they’re in dispute and their relevance.
7. Conclusion: Summarize your arguments and request the court to grant summary judgment in your favor, including any additional relief sought.
8. Supporting Exhibits and Attachments: Attach supporting documents like affidavits, contracts, or evidence, labeling and referencing each.
9. Certificate of Service: Include a service certificate confirming you’ve served the motion to the opposing party and the court.
10. Proofread and Review: Thoroughly proofread for errors, ensuring the document is clear, well-organized, and persuasive.

Remember, a motion’s specific requirements and format for summary judgment may vary depending on the jurisdiction and court rules.

As always, it is essential to consult the local regulations and seek legal advice from an attorney before proceeding.

When Does Judgment Become Final and Executory?

In legal terms, a judgment becomes final and executory when it is no longer subject to appeal or any other legal challenge. This means that all avenues for appeal or review have been exhausted, and no further legal remedies are available to the parties involved.

Once a judgment becomes final and executory, it can be enforced and implemented by the court.

The timeframe for a judgment to become final and executory can vary depending on the jurisdiction and the case’s particular circumstances.

How Long Is a Federal Judgment Enforceable?

A federal judgment is generally enforceable for 20 years in the United States. This means that the winning party has up to 20 years from the date the judgment is entered to collect the awarded amount or enforce any other remedies the court grants.

However, it is crucial to note that some exceptions and variations may apply depending on the specific circumstances and the laws of the state where the judgment was issued.

It is advisable to consult with a legal professional for accurate and up-to-date information regarding the enforceability of a federal judgment.

Can a Stipulated Judgment Be Appealed?

No, a stipulated judgment generally cannot be appealed, as, unlike a settlement agreement, a stipulated judgment is put in place to completely end a lawsuit as the parties give up their right to litigate further.

With this being said, it is all the more important to consult with an attorney before entering a stipulated judgment.

What Does Amended Judgment of Conviction Mean?

An amended judgment of conviction is a judgment that modifies or alters a previous judgment that was previously issued against the defendant in a criminal case. The amendment is typically done to correct errors or omissions that may have occurred during the original judgment. The amended judgment will replace the original judgment and reflect the changes made.

In essence, an amended judgment of conviction is a revised version of the initial judgment, addressing any mistakes or oversights that were made.

This can include errors in the legal process, improper sentencing, or the need to include additional information or charges that were overlooked by the court initially.

The amended judgment corrects any deficiencies in the original judgment and ensures that the final decision accurately reflects the circumstances of the case.

What Is Declaratory Judgment?

A declaratory judgment refers to a court’s decision on a legal dispute that does not require any action or enforcement. It is a judgment that declares the rights, duties, or obligations of the parties involved in a case without ordering any specific action or awarding damages.

Often, a party will seek a declaratory judgment when there is uncertainty or controversy about the legal rights or obligations of the parties as a means to clarify the legal standing of the issue in question.

Declaratory judgments can be sought in various areas of law, including contract disputes, intellectual property rights, insurance coverage, and constitutional issues.

What Is a Motion For Default Judgment?

A motion for default judgment is a legal process in which one party asks the court to rule in their favor because the other party failed to take action or respond to a complaint within the specified period.

If the court grants the motion, the party who failed to respond will automatically lose the case, and the requesting party can be awarded a judgment without going through a trial, including recovering some of their attorney’s fees and case costs.

Generally, a defendant not showing up to court will benefit the plaintiff in the long run and keep their lawyer’s fees and costs lower.

What Is a Snap Judgment?

Although not a legal term, A snap judgment is a quick or hasty decision or opinion formed with little thought or deliberation; it is often made based on initial impressions or limited information.

Snap judgments are typically made in a short amount of time and can be influenced by biases, stereotypes, or preconceived notions.

What Is Deficiency Judgment?

A deficiency judgment is a legal ruling when a borrower defaults on a loan secured by collateral, such as a home or a car. In such cases, if the proceeds from the sale of the collateral are not enough to cover the outstanding loan balance, the lender may seek a deficiency judgment to recover the remaining debt.

This judgment allows the lender to pursue collection efforts, such as wage garnishment or seizing assets, to satisfy the deficiency. The specific rules and regulations regarding deficiency judgments vary by jurisdiction.

What Is a Notice Of Entry of Judgment?

A Notice of Entry of Judgment is a legal document that notifies the parties involved in a lawsuit or legal case about the official entry of a judgment by the court. It is a formal notification that the court has decided and entered a judgment in the case.

The notice typically includes essential information such as the date of the judgment, the court’s decision, and any applicable deadlines for further actions or appeals.

This document is important because it triggers the start of specific legal processes, such as the right to appeal or the enforcement of the judgment.

Do Judgments Show Up On Credit Reports?

No, judgments do not show up on credit reports in the United States, which has been the case since 2018 when the three major consumer credit bureaus decided to no longer include that info on their credit reports.

Still, it is important to note that your finances could still be affected, as judgments are a matter of public record.

So, the presence of a judgment can influence potential lenders or creditors in evaluating your creditworthiness and cause them to decline a loan or mortgage application, finance a car lease, etc.

Are Judgments Discharged In Bankruptcy?

Yes, in general, most types of judgments can be discharged in bankruptcy. When a person files for bankruptcy, an automatic stay is put in place, which halts all collection efforts, including the enforcement of judgments.

If the judgment is for a debt that can be discharged in bankruptcy, it may be wiped out completely, and the person is no longer legally obligated to repay it.

However, certain judgments, such as fraud, willful and malicious injury, or specific tax debts, may not be discharged. It is advised to consult with a bankruptcy attorney for specific information regarding your situation.

How To Get a Judgment Removed From Court Records?

Unfortunately, judgments cannot be removed from court records once made public unless a judge seals the case, which is extremely unlikely (i.e., in the case of trade secrets) and, therefore, should not be expected.

Still, there are three ways to make a judgment go away and no longer show as active in the court records, which are as follows:

1. File a motion to vacate or set aside the judgment: This typically involves gathering evidence to support your claim, such as proving that you were not properly served or that there was a mistake in the legal process.
   You may also need to demonstrate that the judgment was entered in error or that there are extenuating circumstances. It is recommended to consult an attorney for guidance on the specific steps required in your jurisdiction.
2. Pay the debt: The quickest way to remove the judgment made against you is to pay the debt.
3. File for bankruptcy: By filing for bankruptcy, you can have the judgment debt discharged, which means the creditor will no longer be able to collect on the judgment against you.
   However, the bankruptcy filings are public records, which means there will be additional court records showing a judgment was made against you at a point in time.

How Many Times Can a Judgment Be Renewed In California?

California has no limit on how many times a judgment can be renewed. However, according to California law, judgments expire ten years after the court initially entered the judgment.

The renewal process must be initiated within ten years of the original judgment date, or else the judgment will expire and no longer be able to be enforced.

Once renewed, the judgment is extended and can be enforced for an additional 10-year period. Similarly, the judgment will have to be renewed for an extension before hitting the 20-year mark, and so on. Creditors have to wait at least five years before they can renew again.

How To Enforce a Judgment Lien?

To enforce a judgment lien, the creditor must take legal action to collect the debt. This typically involves filing a motion with the court to request a writ of execution or garnishment. The writ allows the creditor to seize the debtor’s property or garnish their wages to satisfy the judgment.

Creditors have to serve the debtor and follow the applicable state laws regarding the collection process.

For instance, in Texas, a writ of execution directs the local sheriff or constable to seize and sell off the debtor’s nonexempt property on behalf of the creditor. The proceeds from the sold seized assets will be applied against the judgment.

How To Find Judgments Against Me?

If you suspect a judgment has been made against you, such as in situations where you ignored a court summons, there are several ways to find out whether a judgment has been made against you. Some of the most common ways to proactively find out are as follows:

• Call the court that originally sent the court summons: A clerk should be able to locate the record of the judgment in their computer system.
• Look at your pay stub: Some states allow creditors to enforce civil judgments by garnishing a portion of the debtor’s wages. The amount of disposable income being garnished will show up as a line on the employee’s (debtor) pay stub. The law requires employers to follow court orders to garnish their employees’ wages.
• Look in your mailbox: Generally, you will be notified by mail when a court enters a judgment against you, which means you must be vigilant in checking and sorting through your mail to become aware of this info.