Can you be taken to jail for a judgment?

Submitted by carriemsnyder on Wed, 03/11/2009 - 21:22
Forums

A judgment is a legal decision issued by a judge. If you have defaulted on your debt payments, the creditor or collection agency can sue you for the unpaid debt. When a court summons is served, you are required to answer the complaint within the time mentioned on the summons. If you fail to answer the complaint by the specified date or appear in court after you have been notified, the court automatically renders the decision in the creditor's favor. This is known as a default judgment.

Can you be arrested after judgment?

Collection of a debt is considered a civil matter. Therefore, a warrant for your arrest cannot be issued.

If a creditor wins a lawsuit against an account holder, a judgment is recorded that legally acknowledges that the account holder owes the debt and is obligated to repay. As a result, the creditor can garnish your wages and bank accounts and put a lien on your property. The creditor won't be able to repossess or foreclose on your home or car. Unless you pay off the debt, the lien cannot be removed and unless the lien is removed, you will have difficulties selling your home. However, you cannot be taken to jail for not paying your debt.

Effect of a judgment on your credit report and scores

Once a judgment has been issued against you, it will be entered on your credit report and will remain for 7-10 years. It has a negative effect on your credit report and score. Moreover, a judgment can remain effective up to 20 years. This varies according to the state and the judgment can even be renewed before its expiration. Therefore, judgments are a matter of public record and can be viewed by potential employers and creditors or lenders.

If you fail to comply with the court order, it can result in further court action. Generally judgments specify a payment plan for you to repay the creditor the outstanding debt amount along with the fees incurred during the legal process. Depending on an individual's circumstances, repayment measures could include wage garnishment, bank account freezes, forfeiture of income tax refunds, or seizure of property (lien).

However, if you are not properly served with a notice of the lawsuit against you, you can file a Motion to Vacate the judgment or a Motion for Arrest of judgment. The Motion to Vacate the judgment nullifies the judgment and you can dispute the negative item off your credit report. Motion for Arrest of judgment too is more or less the same as Motion to Vacate judgment. This motion is a request to the court to overrule the judgment on the grounds that it has been granted in error.

Best way to avoid judgments

The best way to avoid a judgment is to pay all of your bills on time. If that is not possible, contact your creditors or the debt collectors and explain the situation. They may be willing to work out an alternative payment plan to help you pay down your debt. That is definitely better than allowing your creditor to take you to court.Moreover, judgment hurts your credit score. Thus, it is better to avoid a judgment.

Guest (not verified)

I fell behind and was unable to pay back a paydayloan. The payday loan company has charged off my debt as a bad debt and referred it to a collection ageny. This collection agency has threatened to serve me a court summons at my place of work. Can they do this?

Thu, 07/28/2011 - 01:41 Permalink
Mona (not verified)

I signed a judgment against me from dss of orange county.3 years ago for an over payment ..I have not made payments on it yet.can they take my tax return.
also on this judgment paper there is no judges name just a lawer signature why is that.?

Sun, 08/07/2011 - 15:56 Permalink
Patsy (not verified)

I took out one of those cash advance loans. I paid on it a while then couldnt afford the fees every week so I stopped paying now 2 years later a collection agency is thating me to court for unpaid loan and worthless check (they took the fees out of my checking account which was closed due to overdraft from all the fees). I know the laws about cash advances have changed in NC. I am unemployed now and get repay.. Any help as what to do?

Thu, 08/11/2011 - 18:37 Permalink
debi (not verified)

I had a credit card in my name only. Couldn't pay . I'm disabled and haven't been able to work since my accident 18 years ago. . My husband filed chapter 7 and I didn't , but he put my judgment bill on his bankruptcy before it became a judgment.. He is my only source of income . He doesn't pay me but pays the bills and nothing more to me. We are married now and was when I first took the cred card. I just found out there is a default judgment against my house that I have had for 29 years. I will never be able to work to repay. I remember 3 years ago when I came home from back east taking care of my sick father after his surgery. My husband signed for a letter from this credit card saying they were taking me to court . The court date was when I was gone. When I read it It was already to late. Like 3 weeks to late . I called and ask the court about the # and they said they had nothing on it . I thought the credit card company was trying to scare me into paying, and just forgot about it . Now I looked up my property info and there is a judgment against my house. This was discharged on my husbands bankruptcy. What do I do now.

Mon, 08/15/2011 - 07:09 Permalink
CONFUSED DUMBFUONDED (not verified)

IF SOMEONE SOLD ME AN ITEM, AND COME TO FIND OUT HE HAD NOT PAID FOR IT AND THERE WAS A JUDGMENT AGAINST IT FOR THE TOTAL AMOUNT OF THE LOAN, CAN THEY THEN COME REPOSESS IT FROM ME?

Thu, 08/18/2011 - 19:11 Permalink
Sue H. (not verified)

can they take my income taxes? The bills are medical after my insurance paid there part of the bills.

Wed, 08/24/2011 - 17:58 Permalink
JButler (not verified)

I was given a notice of a levy on my account but i was never served with any papers so i could go to court. i knew nothing of this until i recieved the letter from my bank stating that thier was a levy on my account. What can i do?

Fri, 09/02/2011 - 02:49 Permalink
Emy (not verified)

I was disputing the amount on my credit card because it was so high and the credit card company stops sending me statement monthly & I just found out It is already in collection. I hired for credit repair but nothing was done. I know the judgment amount was wrong & I was not inform on this. Can I still inquire to a lawyer before any deduction on my payroll? Please help...Thnaks

Fri, 09/02/2011 - 17:22 Permalink
purshottam jadhav (not verified)

hi
i had taken loan in goa for my personal issue and after that i paid sum instalments and for sum time due to sum reason i did not paid my instalments. and from last 1 year im giving 3000 rs instalment evey month. but nw i got summon from court and im going to attend but can they will arrest me

Sun, 09/11/2011 - 12:09 Permalink
GUEST ME (not verified)

I had a car that was impounded in NYC and was under lien from a certain bank. I did abandon it but took off the tag number and mailed it to the DMV. Prior to that, I called the bank and told them that I am surrendering it since I cannot pay it anymore. I gave them the exact place where they can pick it up (through my cousin since I live in SC.) However, at the time that they called my cousin, they were in other state for a vacation. I have not paid the car in 5 months already, so I decided to surrender it finally. I want to know if I can be put to prison for this, since they are charging me for lack of payment and abandonment,although I really did not abandon it since I already called them and inform of my situation.

Tue, 09/13/2011 - 00:05 Permalink
Rosanne (not verified)

Can I ask for a Validation of the debt? Also, I am in PA, Can I send a Judgment Proofing Letter? I am a 62 year old Disabled woman. Only SS to live on, this can be proven.
Do I need a Civil Defense Attorney to handle all of this?

Wed, 09/21/2011 - 06:42 Permalink
rosejean (not verified)

if nco calls you on phone, and leaves voicemail for you to return there call, and gives you 72 hrs to respond or else the company may take more agressive matters to collect a debt that is owed to them. if you work, can they take your whole paycheck until balance is paid off, or could they try to take your federal or state income tax.or is it better to file chapter 13 bankruptcy

Thu, 09/22/2011 - 06:57 Permalink
rosejean (not verified)

if nco calls you on phone, and leaves voicemail for you to return there call, and gives you 72 hrs to respond or else the company may take more agressive matters to collect a debt that is owed to them. if you work, can they take your whole paycheck until balance is paid off, or could they try to take your federal or state income tax.or is it better to file chapter 13 bankruptcy. i wanna pay my debts off i owe, but lack of money, i am struggling to try and pay whatever i can. it seems no one want's to work with you, it has to be there way or see you in court attitude

Thu, 09/22/2011 - 06:59 Permalink
karen85345 (not verified)

I will need to go through bankruptcy. I have used a prepaid money card for making clothing purchases. Will this be used against me? Can the trustee trace moneycard purchases? Thank you

Sat, 09/24/2011 - 14:37 Permalink
Anonymous (not verified)

can I be taken to jail if I have been over paid from a long term ins at my work I no longer work there and have been put on medicare I won my judgment for that but now the ins company say's that they over paid me and I owe it all back I did not receive all they say I did. I am now getting letters from a collector and I dont if I so answer this letter If I dont what can happen to me and they put me in jail

Mon, 09/26/2011 - 20:38 Permalink
joseph osei-barfi (not verified)

I owed quite a number of companies in credit card and student loans and also auto loan. I however had to leave for Africa when my dad died and have been in Africa over five years. what are the consequences. I learned that there were suits against me in the USA but since I was in Africa, I did not see them.
Please advise me.

Fri, 09/30/2011 - 19:22 Permalink
Magda (not verified)

Hi,

We foreclosure our house in 2009.First loan gave me a "CANCELLATION of DEBT" -I-1099, but 2nd loan just got a judgement against me.Do you know what are the next steps? I can not pay the loan,because I am working part-time and not making enough money.Thank you for reading this message.

Magda

Sun, 10/02/2011 - 03:16 Permalink
Joanne (not verified)

my son and his wife put me on their doublewide trailer & lot to keep me safe. Can an outstanding credit card debt company put a lien on this property? it i sa right of survival property.

Sun, 10/02/2011 - 16:17 Permalink
BIJU S (not verified)

I took a car loan around 2,04,000 in2007.but I paid four installments (4850 each) and i could not continue it. so I gave back the car to finance company they sold it to 1,30,000.but they charged a civil case against me in court for balance amount and it's interest .it is exact 4.0,000 I have no property and no one help me. should I go to jail give me a solution

Sat, 10/08/2011 - 17:49 Permalink
mehmet (not verified)

Carol, someone else exepted my court summon for my credit card company law siut and i am overseas right now and i am not going to be able to attend the court on time. can they arrest me when i return back to states or can they arrest me in any way? thank you

Tue, 10/11/2011 - 22:57 Permalink
William Bryce (not verified)

Carol,
i tried working with this creditor before the judgement was filed, but now a court day is set, and i plan on being there. i live in houston, will i have any say about anything on my court day? i cant afford a lawyer, i am now in a position financially to make payments, i just dont know what my options are. please help.
thank you

Thu, 10/27/2011 - 05:01 Permalink
Lil Mom (not verified)

I live in Texas. I had a man come to my door at 9 p.m. and threaten a civil lawsuit against me. I was not home. He gave this information to the person who answered the door. He left a number for me to call. No business card or any information except a phone number. I, like many others had an excellent credit rating and then I was out of work for three years. I have full intention of paying the bills I cannot urrently afford to pay. What should I do?

Sun, 11/06/2011 - 22:25 Permalink
LDYSABER (not verified)

i WAS INFORMED A CREDIT CARD HAS PUT A LEVY ON MY BANK ACCOUNT, CAN THEY ALSO ATTACH MY INCOME TAX REFUND AND HOW CAN i AVOID THIS

Tue, 11/15/2011 - 05:41 Permalink
LINDA S (not verified)

JUST NEED TO KNOW ABOUT MY INCOME TAX REFUND I AM MOVING IN JAN AND NEED THAT DESPERATELY TO MOVE

Tue, 11/15/2011 - 05:49 Permalink
tammie88 (not verified)

I have a civil judgement against me and decided to not pay because i feel i was right, so it is on my record......but can this person that has the judgement against still try to go to court for this same issue if it has already be settled with this judgement

Thu, 11/17/2011 - 23:14 Permalink
Steve P. (not verified)

I owe about $20'000 to three different credit card companys.Due to a divorce and a huge loss in income I can NOT repay these loans even if they droped the payments to $25 per month.I have been served a civil action coversheet? What should i do

Fri, 11/18/2011 - 06:04 Permalink
W (not verified)

I was checking my credit report and I saw a judgement had been filed for an old credit card. The original creditor never sold my account to a third party and had closed the account as a loss. When I checked with the local courts nothing had been filed with them regarding a judgment and nothing was reported on any public records.

How should I address this matter, since I did not receive a summons and there is no record of a court case? FYI: The judgment notice only appears on Experian and not Transunion or Equifax reports.

Thu, 11/24/2011 - 19:05 Permalink
helpplease (not verified)

the court had my money in the bank on hold for about 2 months now im n the process of doing bankrupcy to get this out of my life they took all my money from my check out of my bank account can i get that back after my bankrupcy?

Tue, 11/29/2011 - 23:53 Permalink
dennis28 (not verified)

ounce a creditor files for a dept can you file for bankrutpy before you give you summons to the court

Thu, 12/01/2011 - 07:14 Permalink
Guest (not verified)

I received a EWO Notice. Is it to late for me to fight this?

Sat, 12/03/2011 - 21:31 Permalink
vee (not verified)

I was served a summons for my credit card debt through a lawyers office who bought from a creditor. The previous creditor never sent me a validation receipt. What is your best advice to fight this? Thank you for your time.

Mon, 12/05/2011 - 23:54 Permalink
mustafa rahman (not verified)

madam. i have three creditor amoumt 30,000. i should pay them seens last jun i lost job i could not come up monthly payment till today . so one of the creditor collection callme for sattelment 8thousen to 5thousend if do not come up 1hundred i will lost sattelment in this 13decembor so what should i do with this one and other creditor i am lost also find a good job only pert time of incom six hundred dollars a month, pleese have kindly advise will be a preasotion.

Thu, 12/08/2011 - 01:58 Permalink
Jennifer (not verified)

I have a judgement against me from a former landlord , I have made minimal payments due primarly from lack of employment , I am to receive a small federal tax refund this year , I was just given notice from the civil judge in this matter not to touch my return this year , that after I get it from the IRS i need to hand it over for this judgement ...is this legal?

Thu, 12/15/2011 - 09:18 Permalink
Anonymous (not verified)

In the state of ohio do you have to have a w-2 to file a city income tax return? if not and they refuse to take your tax papers what can happen?

Wed, 01/04/2012 - 23:17 Permalink
Shaunelle Johnson (not verified)

I wanted to know if I could go to jail for not making payment on my Aarons bill? I recently lost all the merchandise that I was leasing and now they are sending me to court for this matter. I need to know if I could go to jail in a civil case?

Fri, 01/06/2012 - 21:38 Permalink
prabha chandra (not verified)

if i loose the case can my paid off car be seized since iam not working and dont have any money into my account

Tue, 01/17/2012 - 03:46 Permalink
saira quadri (not verified)

I have more than 50k in credit card debts and 2 foreclosure one in Ga and other in Tx. I have no income have only some amount of money in traditional IRA just sold my car for 8k now i am renting a car and anapt had to take money out of my IRA to support myself past 9-10 months. It is very expensive to rent a car i want to buy a used car and small house under 50k all has be cash purchase since i can not qualify for any kind of loan these purchase through my IRA. My question is at this situation would i be at risk of losing my house and car to creditors ? I have lived in Ga for more than 10 yrs than i moved to tx for 4 yrs now i am back in Ga for last 8 months which state laws will be applied in my case? What is your advice what is the best course of action? I have no job and i am not in a position to pay my debts can only try to support myself temp after that i have no idea how i will survive thanks for your kind attention in this matter.

Thu, 01/19/2012 - 12:14 Permalink
STRESS OUT (not verified)

My wife co-signed for her sister for a house and now we believe she is defaulting on the payment and feel that are in the process of repossessing the house can the creditor file a judgement against my wife, we live in Texas.

Fri, 01/20/2012 - 01:37 Permalink
Selena (not verified)

I dont work and I have not source of income and my husband gets ssi. I have a judgement against me. They want me to pay $50.00 a month but I can't. Am I allowed to pay only $20 a month. Or what can I do to get them off my back. Also I am on an account in another state for my elderly parents, can they touch that account. I am not a signer I am just on the account just in case somethings happens to my parents. It is a checking account.

Sat, 01/21/2012 - 04:30 Permalink
dean calamia (not verified)

i sold a car man paid for it and let it its been six month i recived no papperwork from court and now i have a judgment......what happens to the car

Tue, 01/24/2012 - 00:37 Permalink
Vann Dillon (not verified)

Received letter from debt collector with all my personal information that I used to apply for credit cards. Is this illegal?

Tue, 01/24/2012 - 11:25 Permalink
Taylor (not verified)

Will is Warrant of Debt be placed on my Credit Report? I know that it in the public record as dismissed. I can I prevent it from getting into my credit report? Can I get it removed from the Public Record?
Need Assistance?

Tue, 01/24/2012 - 23:08 Permalink
MaryA (not verified)

I requested a debt validation from a debt collector back in may of 2011, I recevied a letter yesterday Jan. 24,2012 from them with a computer printout type of a credit card bill when i asked for a copy of the original signed contract etc. They have given me 6 days to respond, my question is don't they have a time limit from when i sent them my letter? It's been 8 months! and i only had 30 days, now 6 with this letter and it's not even what i asked for! Are they still allowed to collect? I'm in NJ.

Thu, 01/26/2012 - 02:49 Permalink
Me (not verified)

What happen when you dont pay a payday loan back.They are getting ready to serve me papers. Can they take me to jail

Tue, 01/31/2012 - 22:32 Permalink
Red (not verified)

can they garnish an account I have with someone else or
only my account on the judgment paperwork

Thu, 02/02/2012 - 04:03 Permalink
Bree (not verified)

If a lawfirm has a judgment against someone for a medical bill, can they take your state tax refund?

Mon, 02/06/2012 - 06:35 Permalink
moush06 (not verified)

Hi there. I'm still a little confused. I hope you can clarify or if you have advice. I have close to $15k in credit card debt. I have my own business, that has been suffering. My wife added my name to the title of our new home (I am not on the loan). What happens if I can not repay this debt? Can they put a lean on our home? thanks

Mon, 02/06/2012 - 21:46 Permalink
cudakid@att.net (not verified)

i have paid on my house 14 years td called said they would not renue my loan never been late credit score 720 said they would start forcloser how is this legal what can i do

Wed, 02/08/2012 - 12:23 Permalink
davidschain@ho… (not verified)

I have a judgement that I am still trying to fight with a creditor over an old car loan. They have offered a settlement that I am trying to get down a little more. I am expecting a tax refund this year. Can the creditor take the refund before I even get it??

Thu, 02/09/2012 - 05:05 Permalink
Tiffany (not verified)

I received a notice that I did not appear in court and that it was in favor of the lender. Now my house is up for sheriff sale. I would have gladly gone to court and fight for my house. Who can I tell that I never received the summons

Mon, 02/13/2012 - 08:30 Permalink