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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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is a judgment unconstitutional

Customer Question

is a judgment unconstitutional
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

Are you asking about judgments in general, or a particular type of judgment?

If the latter, what type of judgment are you asking about?

Customer: replied 6 years ago.
were they can take your wages before you are paid.
Expert:  cfortunato replied 6 years ago.

It would be unconstitutional - because a violation of due process - if the person being garnished did not have a chance to go to court to defend against the action that resulted in a judgment. This happens most often when the defendant is not served the court papers (the Summons).


I think this is what you wanted to know. If not, please let me know.
Thank you!

Customer: replied 6 years ago.
If you go to court then it would still be unconstitutional under article 13 of the bill of rights
Expert:  cfortunato replied 6 years ago.

No - if you do go to court - or if you were given the Summons but did not go to court - there would be nothing unconstitutional about getting a judgment.

There are no Articles in the Bill of Rights - which are the first 10 Amendments.

Customer: replied 6 years ago.
Ok amendment 13 involuntary servitude is unconstitutional
Expert:  cfortunato replied 6 years ago.

No matter how far one stretches one's imagination, it is not possible to equate a judgment or its ramifications with involuntary servitude.


Customer: replied 6 years ago.
death, were money taken from his livelihood, prevented him from medical care, who is liable, who is in ownership of the liability? He labored for income he was not allowed to have or given control of. This is not involuntary servitude.
Expert:  cfortunato replied 6 years ago.

Being able to afford medical care is not a constitutionally protected right. Death that results from not being able to afford medical care - regardless of the reason - is not an actionable claim.

Customer: replied 6 years ago.
Relist: Answer quality.
He telling me not showing me
Expert:  cfortunato replied 6 years ago.

Judgments have never been determined to be unconstitutional.

What would you like to see?

Customer: replied 6 years ago.
Judgment are court odered actions, it is the content of the judgment such as wage garnishment, the taking of property without prior clam, with notes, lien,or merchandise purchased with money owed. Also habeas corpus dose not apply.
Expert:  cfortunato replied 6 years ago.
I opted out of this question so that someone else can help you further.