Entry of judgment Questions
I just agreed to a journal entry of judgment, and enclosed with this document where 2 pages of questions regarding banking, children, and employment (they were not attached to the document).. Am I required by law to fill it out and return it to the attorney/debt collector with this information? Is this a violation of the privacy laws?Under the rules of discovery, the creditor can ask questions such as this in a civil case. Usually, the creditor will ask these questions before trial or before obtaining the judgment. Once the creditor has the judgment, they are allowed to ask for a debtor's examination. A debtor's examination is a court hearing where this type of questioning would take place.
If there is a forbearance agreement in the judgment (an agreement to where the creditor would not attempt collection as long as you made your payments) the creditor wouldn't be allowed to ask these questions as long as your payments were current.
If you do have a forbearance agreement, you can object to this type of questioning. However, if there isn't a forbearance agreement and you refuse to answer, the creditor can request a hearing on the matter.
I have mailed checks to a defendant as part of a settlement agreement over a property dispute. Our settlement had a stipulated judgment clause that states the property would be sold at auction if payments were not made in a timely manner. The defendant wouldn't cash the checks. Could he proceed with a sale without notifying me? Would the court need to notify me that a judgment had been made against me?The defendant would have to prove that you were not making the payments which would be a breach in the settlement agreement. If the defendant is trying to sell the property, you can go to court and show proof that your payments were made but the defendant wasn't cashing the checks. Usually, with this type of evidence, the court would issue an injunction. The first thing you should do is to file for an injunction at the court where the settlement was entered. When the defendant files for a judgment, it is a requirement that you would be notified.
What is the first step in filing an appeal from a Colorado county court (not Small Claims) civil case? Is there some sort of notice that is initially filed to get the ball rolling? What happens in the appellate process?If you want to appeal a decision, you have to file within 10 days of the entry of judgment at the court where the decision was entered. Once this is done, you have 30 days from the entry of judgment to finish and file the appeal. You must list which legal errors were made and all citations that would support your claim. The court of appeals will receive your records from the lower courts and review your brief as well as the brief that has been prepared by the opposing party. Once the review is complete, the appeals court will determine if the case should be sent back to the lower court.
I have recently received a Journal Entry of Judgment against me from the court clerk in Kay County, Oklahoma. I don't live in Kay County, I live in Osage County. Because I didn't answer the summons with an objection to the jurisdiction or venue, the court rewarded them the judgment. Can I at this time still file an objection to the jurisdiction or venue and stop this judgment, since it was filed in a county where I don't live?You would need to file a motion to dismiss for improper venue as soon as you received the summons. Because you failed to do this, the suit would be allowed to continue in the other county. You need to file a motion to vacate the judgment and claim excusable error or neglect. This means that you were unaware of or didn't understand the civil rules. This appears to be your only option.
In order to open this case, you will have to have a legitimate defense because the courts will not care to waste anyone's time without one. It is very important to respond to a summons when you receive it, otherwise the court will award a judgment by default.
If you have questions of doubts about an entry of judgment, you should ask an Expert for legal insight. It is important to understand the legal aspects of judgments if you are facing one. An Expert can assist you with any legal issues and offer solutions to your situation.