Consent Judgment Questions

Consent to judgment is a final, legal decree that states an agreement between the parties involved in a lawsuit to avoid civil litigation or a criminal charge. Usually, the consent to judgment outlines the way a person will make payments, the amount of the payments and any interest that will be incurred in the final amount. To learn more about consent to judgment, take a look at the questions below that have been answered by Experts.

What is a pocket consent judgment?

A pocket consent to judgment is an agreement by one party made to another party to a judgment, which cuts out the need for a trial. Once signed, you simply file the consent to judgment with the court. It carries as much weight as a judgment handed down by a judge following a trial.

I have a consent judgment that dictates how custody of my daughter is to be shared between my ex-wife and I. How can I get out of this judgment to get the process started with having a true child support amount set as the current agreement is just not practical anymore?

More case details: The consent judgment also states the terms that were agreed upon for child support. I have not gone through the process of the state setting this $ amount.

The first thing you should do is go to the court that signed off on your divorce decree and the consent judgment. Ask the court to adjust the child support payments due to the current situation with your finances. Sometime during the adjustment, you will have to show prove of your finances to the court to warrant a change. You may also prepare yourself for your ex-wife to hire an attorney to fight the child support amount.

You may want to hire an attorney to assist you with the paperwork. An attorney will take the guess work out of the paper work and they can handle represent you during any hearings that may arise.

Generally, the court will allow the petition to modify the payments if your financial situation has worsened since you signed the consent agreement and as long as the child's needs will not be affected.

If hiring an attorney isn't possible, you should explain your situation to the clerk of the court that granted your divorce. There may be a standard form that you can fill out and file with the court. If you go this route, you will have to go before the judge and argue your own case.

If a person does not sign a consent judgment what can happen?

More case details: There is no judgment against me but an attorney has sent this to me wanting me to sign.

If a court hasn't ordered you to do something, there is no reason for you to sign anything, you are not required to. If there isn't a judgment against you, you shouldn't assist the attorney by signing anything. While nothing can be done to you for not signing the consent to judgment, this won't keep someone from filing a suit against you.

On behalf of my employer, I have obtained a Default on Consent Judgment against an individual, whom I would like to garnishee, but I do not know what the next step is.

More case details: The company (plaintiff) is in Georgia, but the defendant is employed in Alabama with a company whose corporate office/personnel office is in Colorado.

If you have a judgment against the employee, you will need to go to the court that is located where the employee lives and works (Alabama), and have the judgment domesticated in their court system. Once this is done, you will have to utilize local laws in order to garnish the employee's wages, attach a judgment against the employee's assets (home, vehicle etc.), or seek a bank levy. However, if the judgment is against the company that the employee works for, you will have to travel to Colorado and take the same steps that were just mentioned.

Before signing a legal document, you should consult an Expert if you are confused about the document or have doubts. An Expert can assist you with any legal information and can explain the legal terms that may confuse many people who are not familiar with legal definitions.