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New topic for RayAnswers: ARTICLE 3 Judgment by Default or

New topic forCustomerARTICLE 3 Judgment by...
New topic forCustomerARTICLE 3
Judgment by Default or ConfessionSECTION 15 35 350. Judgment by confession; generally.
A judgment by confession may be entered without action either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed in this article.Q1. RE: "...or to secure any person against contingent liability on behalf of the defendant..." Would this "person" refer to decedent's personal rep / estate administrator? Decedent is my ex who owes me alim., dividends, and hidden assets.
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10/19/2016
RayAnswers
RayAnswers, Attorney
Category: Estate Law
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Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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So yes the ex can enter into a judgment by confession, he agrees he owes it and judge signs judgment with amount he owes you plus interest until paid off.This is a legal judgment you can record and lien any property and otherwise try to collect it here.

I appreciate the chance to help you tonight.Thanks again.

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Customer reply replied 1 year ago
34;So yes the ex can enter into a judgment by confession,..." Ex is DEAD.Sorry, but my ques. was not answered, so here it is again:
Q1. RE: "...or to secure any PERSON against contingent liability on behalf of the defendant..." Would this "person" refer to the DEAD person's personal rep / estate administrator?To clarify: My claim is vs. my DEAD ex's estate who owes (Correction: owED) me alim., dividends, and hidden assets b4 he died.Q2. What does "contingent liability" mean??Q3. What does "to secure any person against contingent liability" mean??

The estate could agree to such a judgment but usually you file a creditor claim against the estate and are paid.There would be no need here for a judgment, they pay the claim.If they reject the claim for some reason then you could sue and get such a judgment.But if there are sufficient assets you would be paid here in SC

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This sets out the priority of paying claims including yours.

You would gather proof of the claim here, the prior orders and submit a demand letter for the amount you are owed as a creditor to the personal representative of the estate for payment.Check the county where he deceased to see who the pr of the estate is.

https://www.greenvillecounty.org/probate/Estate%20Pamphlets/Creditor%20Claims.pdf

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The statute you referenced above is really against the living here if the estate has assets you file a creditor claim and sue if denied.

Thanks for the follow up and chance to help.

RayAnswers
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Customer reply replied 1 year ago
Just reviewing past Q & A."...you file a CREDITOR CLAIM against the estate... (DONE)If they reject the claim for some reason then you could SUE & GET A JUDGMENT
- I thought my filing of my claims was the same as suing the estate. Q. Is that INcorrect??... gather proof of the claim here, the prior orders and submit a DEMAND LETTER for the amount you are owed as a creditor to the personal representative of the estate for payment.Q. is the cred. claim different from a demand letter? If so, how? Which is supposed to be done 1st?Q. since my claims have NOT been paid b/c atty gets what little there is in the PROBATE estate, do I sue the NON-probate estate??Q. How do I sue whichever estate I should sue?

If your claim is rejected by the estate then a civil suit against the estate is next.The demand letter/creditor claim here is submitted to the executor or lawyer for the estate.You file civil suit in probate court seeking the amount of the claim.

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Customer reply replied 1 year ago
still confused... Here is what has happened to date in south carolina:
1. Filed claims. 2. notice of DISallowance of my claims 3. petitioned for allowance. 4. disallow. was denied, thus allowing all my claims. 5. pr's answers & counterclaims + his amended version received by me. 6. my answers to pr's req for admissions were timely sent. 7. my answers to pr's req. for production of docs were sent as were my answers to pr's interrogatories. 8. my req. for production of docs totally denied. 9. MSJ was scheduled. 10. my rt. to subpoena was denied b4 MSJ hearing. 11. My motion to compel all docs was denied b4 MSJ hearing b/c a.)not timely and b.) not properly served. a.)I don't know what's considered timely. b.) sent by fax and email b/c too late for ct to receive it by USPS. 12. My req. for a continuance due to no docs (proof for my claims)was denied B4 MSJ hearing. (sent by email w/o notarization although I wrote "I declare... true to best of my know. under penalty of perjury." No notary located on that wkend.) 13. MSJ hearing was held. 14. Most of my claims were dismissed. 15. Puny settlement offer refused by me. 16. working on motion to reconsider S.J.
Customer reply replied 1 year ago
Q. So do I still file civil suit in probate court seeking the amount of the claims even those dismissed?Q. How do I do that? Any certain forms?
Remember that probate estate is insolvent.

Here since the MSJ was granted you would need to appeal the order granting the MSJ. The court denied the action to enforce the claim and ruled that as a matter of law the claim was denied.You appeal the order here to the higher court of appeals by giving notice of appeal.

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