Enforcing And Defending Against Civil Judgments
Triangle Law Group represents clients on civil judgment issues as part of our extensive collections law practice.
When Do Judgments Arise?
If a party prevails on a civil legal claim, it may receive a money judgment, but obtaining a civil money judgment does not create an automatic right to payment. At the end of the lawsuit, a judge will not ask the losing party to write the winning party a check. Rather, a civil judgment gives the creditor the right to collect on the judgment. The person who obtains the judgment is called a judgment creditor and the person who is found responsible for paying money is called the judgment debtor.
In North Carolina, the judgment creditor and judgment debtor have certain rights and obligations. Many detailed federal and state laws govern collection of judgments. There are significant penalties for creditors who fail to comply with these requirements.
Moreover, people who had a judgment issued against them have the right to protect certain property from being taken to pay the judgment. If the judgment debtor does not ask for these exemptions, they are lost. We can advise you on how to complete the exemption form.
Know Your Rights
At Triangle Law Group, we have substantial experience representing clients on both the winning and losing sides of cases that resulted in judgments. It is important for you to know what these rights are to protect yourself. The judgment collections process is very stressful and it is important to have legal representation to protect your rights.
Our lawyers represent and advise clients in matters such as:
- The judgment collections process and how to collect or defend against a judgment
- Rights and obligations of individual debtors to exemptions
- Rights and obligations of business debtors
- Duties of creditors regarding collecting judgments
- Special proceedings related to judgment (known as the post-judgment collections process)
- Domestication of judgments from other states (moving a judgment from another state to North Carolina so you can collect on it)
- Representation in appeals and reconsiderations of judgments
Learn How We Can Help
Triangle Law Group can advise you whether you owe money or are trying to collect money. We offer initial consultations at reduced rates. If you wish to discuss a judgment issue with us, contact us to put our attorneys’ experience and innovative approach to judgment law to work for you. Call 919-301-0716 to schedule a consultation.