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.

sbneely (not verified)

I received a letter from a "debt relief ageny" that a lawsuit from citibank was filed on Feb 10. I have not received a summons or any paperwork and I understand there is a time limit to respond. is it normal to take so long to serve me?? or are they trying to get a nofault judgement. Without this letter, I would have had no idea about a law suit.

Sun, 02/19/2012 - 04:43 Permalink
Karen S (not verified)

I received a summons to appear in small claims court as I am being sued by a credit card for 2600.00Is it better I appear in court. I live on SSA and have about 1000.00 in my checking account. Ifa judgement is handed down can they garnish my socoal security disa bility benefit. I am legally blind and suffer from severe arthritis.It would be very dificult to get to the court house.
Thank you for any information you can give me.

Mon, 02/20/2012 - 19:41 Permalink
Holly Izzi (not verified)

Hi I had a question regarding the judgement -what do I do if I had a judgement placed on me and have paid it off but the judgement is still showing on me

Wed, 02/22/2012 - 21:52 Permalink
Gerri Christopher (not verified)

I have a lien on my car in the state of Maine. I had a judgement against me, and they took a lien out on my car. Anyway if i want to move out of the state of Maine can i do that.

Fri, 02/24/2012 - 01:18 Permalink
rice98 (not verified)

I just recieved a summons for a hospital bill that I have been paying on. Can they do that ? What do I do from here ? Do I have to reply ?

Sun, 03/04/2012 - 07:31 Permalink
amyl (not verified)

If I have a judgement on an auto loan, but the vehicle was never repossessed, is it possible to negotiate a settlement with the collection company that purchased the old debt and keep the vehicle?

Sun, 04/01/2012 - 05:16 Permalink
Eliza (not verified)

Can I remove mysself from a cosigning account on a friend's car??? she stopped making the payments and now I am being called by debt collectors. what should I do???

Sat, 04/07/2012 - 02:44 Permalink
curious (not verified)

I got a letter in the mail that is a court summons and says that i am being sued by a old car company from 2002 when I bought a car when I was married and we gave it back to them when we kept having issues with the car. I was later given a judgement from the finance company and later my husband and I divorced it was in both are divorce decrees. I have not heard from them since 2002 and now when i went to finance a new car they tried to go through the same local company and later I got a letter from the courts with them saying that they are reopening my judgement. I thought that the stats on car loans are 7 years its been 9 years and now they want to reopen this. I was not served only mailed court paper saying I am t appear in court. If I dont show up can they have a warrent and also can they reopen the judgement and seek involentary actions against me after 9 years with no letters or notice? Please help

Wed, 04/11/2012 - 00:44 Permalink
need help (not verified)

I had paid off my car the and the bank told me the title was sent in the mail. I waited contacted the bank after a month had passed and they told me it must of gotten lost in mail, I had a loan with this same bank and was behind in my payments, I needed the title because I had someone that wanted to buy my car and was going to pay off the loan, when I then found out they sent my title to an attorney to collect on the past due loan. So I never received the title and now they have a citation of assets. I have another car that I still owe money on and my mom is the co-signer can they take my car?

Sat, 04/14/2012 - 19:14 Permalink
mimi (not verified)

the collection agency brought judgment against me and they garnish the full amount from my pay check ....is there a way to clear judgment from credit report? and what does it say on credit report and how long does it take to appear on CR

Fri, 04/27/2012 - 22:59 Permalink
babyhuey (not verified)

I think i have a judgement in calif. I was never notified by the courts maybe because i live in Texas. But if i travel to calif and get stopped by the police for any reason, can i expect any problems because of the judgement.

Sun, 05/06/2012 - 14:35 Permalink
Maggie (not verified)

I think i have a judgment again me but i am not sure i aslo got served but they want to my old address i haven't seen the papers what can happen to me can i go jail because of that or what

Sun, 05/27/2012 - 18:50 Permalink
edward nelson (not verified)

I received a phone call from a lawyer,first they called my parents home and told them I owed money and passeeda bad check.
i DO NOT HAVE A CHECKING ACCOUNT BUT THEY HAD ALL MY PERSONAL INFO. YET i was never served a summons about this. what should i do .also can they garnish my ssdi benefits without informing me first?

Mon, 05/28/2012 - 16:22 Permalink
Sandra (not verified)

I have a judgement for credit card debt against me already but I want to file bankrupt and don't have the money, can I sell my car and use that money to pay the lawyer to file bankrupt for me and include the judgement in it?

Mon, 06/04/2012 - 05:12 Permalink
jc taylor (not verified)

I recived summons and I am disabaled and live in a senior center
can they take my social security out of my bank;

Tue, 06/05/2012 - 23:54 Permalink
Me (not verified)

I had a conference hearing on May 7th,2012. I am being sued from and attorney in San Jose, Ca for a credit debt collecting agency In Norfolk, VA. I have been making pmts since February,2012. In May, the judge told the attorney(Plaintiff for the agency) to make a contract with me within 4 weeks(About paying monthly pmts of $50 mo). I got the contract two days ago, have court tomorrow 6/18/12...I plan to ask for a continuance. I don't like they way the contract reads as it wants me to waive all rights from the past and the future for any dispute or remedy. The debt is from 2008, credit card co.. I know I owe the money, have been making payments, but they say, if I don't sign the document within 14 days of June 12th, they will get a judgement and after that calculate interest and then the debt will be many dollars more; back interest. One points says, If I miss a payment due on the 10th of each month, its curtains for me.. but there are many other things they want, I think this is an 'Adhesion Contract' but probably not. One of my points is, what if the mail is delayed and my payment is late? They have rerouted the postal service here and no one know what that outcome will be, plus, that part of the state is earthquake prone, what if they don't get my payment due to that? Thank you, hope this message is clear. They also want the judgement 'without prejudice' as well as other things.

Mon, 06/18/2012 - 03:37 Permalink
lisa (not verified)

if you have a car loan judgement against you for a unpaid car loan can they take your vehicle if you purchase one

Mon, 07/23/2012 - 02:57 Permalink
trina (not verified)

I received es a garnishment on my wages that I had no idea what it was for...my HR gave me a number to call....come to find out that's in 2005 someone got a loan threw cash call in my name and this Lawyer got it from cash call and said they took me to court ...I told them I was never served they said they served my grandpa in Arizona and he has never been to Arizona so I askedthe judge for debt validation and he they have a photo copy of my I'd and license but no signature anywhere but he still granted I pay it because it was ordered so ling ago...I explained I had worked at the same Job for 4 years and never received any notices or garnishment letters but he didn't care he ordered me to pay and as if that isn't bad the.loan was for 2000 or 2500 and now.they say I owe 6000....is there any advice for.me I already had to phone hearings with the judge because this went through Arizona and I don't even live there!

Sat, 08/11/2012 - 05:13 Permalink
Jada (not verified)

Hi,
I received a judgment letter from my debt I owed.
I was wondering if you have a fully paid car, will they take that away
From me? Also are they gonna garnish your tax refund?
The judgement I received is from Hawaii but i'am now in California.
Please help'

Thanks.

Sun, 08/12/2012 - 17:43 Permalink
mellisa (not verified)

i have a jugdement against me and the person took my car and it alredy has alein what can i do

Tue, 08/14/2012 - 00:48 Permalink
kaycee (not verified)

Hi there! We had a working visa while in U.S. and before our status will expire we went back to our native land. We did not continue to pay our credit card debt. We are planning to visit U.S. again and tried to check my background and found out that I got a judgement/lien of almost $9k. What should I do? Will I be hold in the immigration or put to jail?
We are staying in Alberta, Canada now if ever... can the creditor garnish my salary here?
We had a U.S. Citizen daughter, she is 7 right now... if ever she decides to stay in U.S. in the future, will there be a problem when she buys property or find job because of family background?
Thanks!

Wed, 08/29/2012 - 17:45 Permalink
Lamika (not verified)

I had a title loan almost 9 yrs ago. Soneone co signed for me. Hurricane katrina took place and I never paid it. Now its on my credit reprtt from the title.loan company and the co signer is sueing me for the same money. Will she win? Can both of them get money from me for the same loan?

Thu, 09/06/2012 - 20:49 Permalink
brenda (not verified)

I have a judgement against me from a past landlord for unpaid rent due to lost employment and i moved. can he put me in jail cause im not paying?

Fri, 09/14/2012 - 12:02 Permalink
wendu (not verified)

If i default on my loan he saying there is gonna be a judgment against me is this true because ge takes the house back in pennsylvania

Wed, 09/26/2012 - 18:19 Permalink
jana (not verified)

hi i recently had a judgemnet against me from a dentist. $243 i dont file bankrupcy a year ago i couldnt add this to the bankkrupcy it occurred after i filed. the dentist has hired another law firm to collect this judgement is it legal?

Tue, 10/23/2012 - 21:46 Permalink
Michelleolague (not verified)

i received a summons of complaint and failed to respond did not have means to do so and I owe the money. I have no job or bank acct. I have cars and a house. If I fail to pay the judgment against me can I be arrested or property taken away? What can or will happen.

Mon, 10/29/2012 - 17:55 Permalink
BROOKE GREY (not verified)

I took a out a student loan with a non for profit organization in 2005 when i was 17 years old (not legal) and signed a promissary note. Im 25 and its been 7 years now and they r sueing me for the balance, late fees, interest,court cost and attorney fees. I honestly didnt recall taking a loan from them as i was young right out of highschool and didnt know much. I stayed in the state that i graduated from college for about 3 years after graduation and did not receive any notification regarding payment for this loan. Im currently still in search of a job and cannot afford to pay them. My question is, is it even legal seeing as though i was underage when i signed for the loan???

Tue, 10/30/2012 - 02:25 Permalink
GA1958 (not verified)

Hi Carol: I had a judgment placed against me in the state of Tennessee. The money owed is being paid back by another party. Now, he is harassing me and wants me to provide financial information, tax returns, etc. yet he is getting paid by someone else. What can I do? Thanks.

Sat, 11/03/2012 - 16:32 Permalink
vm (not verified)

Can a bankruptcy chapter 7 also cancel the judgements on your credit report?

Sun, 11/11/2012 - 16:38 Permalink
josh (not verified)

look i when i was sentenced back in 2009 to go to prison the judge converted my restitution to a civil lien. will they or can they take my income tax refund? (i just got out of prison feb. 1st. this year)

Mon, 12/24/2012 - 12:15 Permalink
guest (not verified)

My friend used to work in the US thru a working visa and has accrued some debts. However, when her working visa is about to expire, she decided to leave the US. 4 years has passed since she left the US and she is currently living in Canada as a resident. She's planning to go back to US just to visit friends and relatives, but she's afraid that her debts (with an outstanding judgment) would get her in trouble (maybe even get jailed) when she arrives in the US. Is there a basis for her concern?

Wed, 12/26/2012 - 21:20 Permalink
Val (not verified)

Hi I recieved a Marshall's letter for my student loan asking me to make a payment in full for the loan or else they gonna levy my personal stuff. What should I do? I have no job and no money. Inge with my mom who barely is making it and the loan is under my name and my dads name.

Sun, 01/06/2013 - 11:33 Permalink
Constance Kaltz (not verified)

We have a renter who is 4 months behind in rent. A judgement is being served to remove him from the property. I would like to know if this judgement can collect on any of his material assets, for the monies that is owing to us? Can he be sued to court costs and building damage or just for the rented property?
Thank You

Wed, 01/16/2013 - 19:36 Permalink
David Ferraez (not verified)

Carol, please help me. A judgement for a tax lein that I did not owe was filed against me by Donald Russo, NJ Division of Taxation on 3/15/2012.........when my CPA and myself brought this to his attention he said oops and immediately filed a satisfaction of judgement. However he will not help me get this judgment off my bureau score. I have 40 year perfect credit rating until this. My score has dropped over 150 points. My score was 880-890 and now it is 710-725 depending on which bureau. Please help me .....I need this removed from my bureau score.

Mon, 01/21/2013 - 19:22 Permalink
DD (not verified)

I got a summons from a creditor and i was wondering if you have a boat and or a camper can they take that away from you.

Thank you
Denise

Thu, 01/24/2013 - 23:12 Permalink
Km (not verified)

First thank you so much for this web page.
Question, You say once credit card judgement is won against some one by the collector. They can't take your car and can only put a lien on it? I live in Pennsylvania.
Well the lien be written or show on the car title once the car is paid off and I recieve the title?
How does one go about fiinding out if there a lien on a car?
Thanks so kindly and once again, wonder service you are providing. Ken

Fri, 01/25/2013 - 17:45 Permalink
James faircloth (not verified)

After cosigning for a relative for a car from same finance company it got repossessed. I have a car loan with same finance. I ahead on my payment but they put a lien on it because the car I cosigned got repossessed. I can not come up with $13,000.00 for the car that was repossessed. However, I making monthly installment toward the repo , can they take my car that I ahead on payments?

Tue, 01/29/2013 - 12:19 Permalink
MARLEY (not verified)

I AM WRITING TO GET ANSWERS ABOUT THIS CAR I RECENTLY HAD I WENT THROUGH A FINACING COMPANY HOPING TO BETTER MY CREDIT MAYBE A FEW MONTHS LATER OF ME HAVING THE CAR THE TRANSMISSION WENT BAD SO I ENDED UP PARKING THE CAR BACK ON THE LOT THEN MAYBE A FEW MONTHS LATER THE BANK THT PUT THE LOAN UP STARTED CONTACTING ME ABOUT PAYING THE CAR OFF THE I WAS SERVED PAPERS TO GO TO COURT I ENDED UP MISSING THE COURT DATE SO THEY WON THE JUDGEMENT AGAINST ME NOW IM WONDERING ARE THEY ABLE TO TAKE MY TAX MONEY OUT OF MY CREDIT UNION EVEN THO THEY HAVE NOT SENT ME A LETTER STATING THEY WERE GOIN TO START GARNISHING ME

Sun, 02/10/2013 - 22:58 Permalink
abey (not verified)

I rented a car in texas but had a crash my insurance didn't cover it and the rental company has filed the debt with a credit agency, I'm now due to come back to texas will this debt make issues for me to gain admission in to usa or will it cause me to get arrested once in texas?

Thu, 02/21/2013 - 22:40 Permalink
Kenjii Boggan (not verified)

A judgement was placed against me reference to my furniture, can they still reposs the furniture?

Tue, 02/26/2013 - 15:50 Permalink
Arlene Jeanette Kish (not verified)

I have a judgement by a credit card company against me in Michigan. Can the debt collector take my paid off car.

Sun, 03/03/2013 - 18:12 Permalink
dale (not verified)

can i go to jail for not paying a court order in the state of florida

Sat, 03/23/2013 - 02:32 Permalink
Gerry Whitfield (not verified)

It basically depends up the kind of the debt it is. If the debt is for child support, then you may be arrested. If the debt has originated from court fines and fees, then you may also go to jail.

Mon, 03/25/2013 - 09:32 Permalink
Cathy1957 (not verified)

My husband and have had perfect credit with high score >780 for 30 years. Used credit and always paid it off for thousands of dollars. Never had a late payment ,ever. In 2004 my husband lost his job, at 50 years old. We have four children. We moved to a smaller house and used part of house money to stay afloat. It took four years for him to find a job. We have gone through our retirement, life insurance and ran up our credit cards keeping a roof over our head and tried to keep a normal life for the kids. Now the interest rates went up the monthly rates went up and I no longer receive ssi for my kids >18 years-I'm disabled. This month was the first no payment made on three cards. We have received two calls from the credit card companies, I told my husband not to talk to them because its recorded.
Is there a chance that I can write them and ask to have the payments lowered and penalty removed? A consolidation company made an offer to us but they want $1250.00 a month for four years when I told them we can't do over $500.
My husband is freaking out. We don't know how to work the system. I have always paid on time and above the amount due, is this a good barganing chip for me? I don't know who to contact everyone wants money for services..if I had money in large lump sums I would'nt be in this spot. What should my next move be?
Thanks for any info anyone might have..... :( in Pennsylvania

Wed, 04/03/2013 - 20:59 Permalink
michael f (not verified)

hi .

i got a summons to court for a creditcard debt. somehow im on the account as a secondary card holder. my name is on the summons.

i received no previous proof of liability or requirement to pay.

how the ??????? can i be required to suffer for so reason?

i,d like to resolve this problem asap. any help would ease my mind.

sean

Sun, 04/14/2013 - 22:39 Permalink
guest (not verified)

how can i find out if i have a judgement? and can i still have one if its not on my credit. im fixing to sell my home and i cant afford any suprises.

Mon, 04/29/2013 - 19:20 Permalink
Rita c. schultz (not verified)

I have a judgement against me , have no record recall of being served to appear in court to dispute, none the less, I am suppose to bring in bank account records for the business I own which is on a land contract , can the still freeze my account and do they get knowledge of a personal account or how many I might have? thank you

Tue, 04/30/2013 - 01:09 Permalink