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A simple way to collect a judgment is by deducting money out of the debtor's paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.
In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).
If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. 1feff Of course, even if you file an answer to the lawsuit, you can still lose the case.
Start the process by filing a subpoena with the court that entered the judgment. You can use the subpoena form from the Michigan One Court of Justice website. Complete the front of the form and the Affidavit for Judgment Debtor Examination section on the bottom of the form.
Judgment liens may be filed with the court and recorded with the register of deeds by an attorney or the judgment creditor. An Order for Seizure of Property may be issued by the court clerk 21 days after entry of a judgment. It is also known as a writ of execution and is authorized pursuant to MCL 600.6004.
Do not use illegal ways to collect your money. Encourage the debtor to pay you voluntarily. Be organized. Ask a lawyer or collection agency for help. Make sure you renew your judgment. Ask the court for help.
The lawsuit is not based on whether you can payit is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money to that person or company.
Even after you win a lawsuit, you still have to collect the money awarded in the judgmentthe court won't do it for you. Financially sound individuals or businesses will routinely pay a judgment entered against them. However, not everyone will be as willing. If necessary, legal ways to force payment exist.
If the defendant refuses to pay voluntarily, the money judgment will allow you to use collection techniques like wage garnishments, property liens, and bank account levies to access the following types of property: Personal income. An easy way to recover is to take a portion of the defendant's wages each month.