If you've been sued in civil court and failed to appear, a default judgment may have been issued against you. This judgment authorizes the plaintiff to obtain a writ of execution, allowing them to collect money from you (usually through wage garnishment) to satisfy the judgment. However, you have the option of reaching out to them directly to arrange payments. Unfortunately, you might not always receive a notification when a default judgment is entered. Checking for judgments against you enables you to identify whom to contact for resolution.
Steps to Follow
Conducting an Online Search
Visit the local court's website. Many courts offer online access to judgments and other court records. If you know the court where the lawsuit was likely filed, you may be able to locate the judgment online.
- If you're seeking a judgment against you, it's typically filed in the court of the county where you reside. However, if you've recently relocated from another state or county, it's advisable to check those jurisdictions as well.
Search the court's database using your name. If you're unsure of the case docket number or whether there's a judgment against you, conducting a search by your first and last name is typically the most effective approach. If you've recently changed your name, consider checking under both versions.
- Some courts may require you to create an account and pay a fee before accessing their database.
Attempt to download electronic documents, if available. If you locate a listing under your name, you may have the option to download electronic documents directly from your computer. This can provide comprehensive information about the judgment, including details about the plaintiff and the date the judgment was entered.
- Some courts may only offer a summary of the judgment online. Access to the complete court record may require a visit to the clerk's office.
Reach out to the clerk's office if you lack full access to records. Not all courts grant complete access to electronic records through their websites. Some courts, particularly in smaller towns and rural areas, rely on paper records. Additionally, you may need to verify your identity before obtaining copies of full records.
- Contact information for the clerk's office can usually be found on the court's website. While some records may be mailed upon request, a visit to the courthouse is often necessary.
- Some courts may impose a nominal fee for record copies, typically a few cents per page.
Interacting with the Court Clerk
Inquire with your bank or employer about executed writs. If your bank account is frozen or your wages are being garnished, it indicates that a judgment against you has already been executed. Your bank or employer can furnish you with copies of the relevant paperwork.
- Your paystub may indicate if your wages are being garnished, although it typically lacks specifics about the garnishment or the judgment being satisfied.
- If your bank or employer plans to mail you copies of the paperwork, expect a slight delay in delivery.
Identify the court's name from the execution documents. When a writ is executed, documents are provided to your bank or employer, authorizing them to seize funds from your account or wages. These documents typically include a copy of the original judgment, with the issuing court's name displayed prominently at the top.
- If you lack a copy of the original judgment, examine the writ, which often contains details about the judgment, including the court's name and docket number.
Make a personal visit to the clerk's office to obtain the court record. Visit the clerk's office during regular business hours and provide your name, the case name, or the docket number. The clerk will retrieve the relevant record for you.
- If uncertain about having a judgment against you, the clerk can assist in searching for this information. Typically, providing your name is sufficient for them to conduct the search.
- Some courts may charge a nominal fee for printing court records, typically a few cents per page. The complete court record for a default judgment is usually concise.
Addressing the Judgment
Request the complete case record from the court clerk. If not already done, contact or visit the clerk's office and request the full case record. They can retrieve this using your name or the docket number, if available.
- Review the case record thoroughly, as it provides details about the plaintiff, the nature of the lawsuit, and the date of the default judgment.
- The case record also contains documents confirming that you were served notice of the lawsuit.
Examine the affidavit of service if you have no recollection of receiving court papers. Any party initiating a lawsuit must serve you notice to provide an opportunity for response and court appearance. Lack of notice may warrant vacating the judgment.
- Vacating the judgment may be possible with a valid excuse for non-appearance in court, such as hospitalization. Different courts have varying rules regarding acceptable excuses. Consult a lawyer for guidance on vacating the judgment.
- If successfully vacated, the suing party may refile the lawsuit, ensuring proper notice. Nonetheless, this grants an opportunity to present a defense, previously denied.
Reach out to the individual holding the judgment against you. Contact the party or their attorney promptly — especially if the judgment has not been executed yet. Negotiating with them directly may lead to a mutually beneficial agreement.
- If an attorney is listed in the court records, initiate contact with them first. Avoid communicating directly with the opposing party if they were represented by legal counsel. The attorney will advise you on the appropriate course of action.
Arrange for full payment of the judgment. Collaborate with the judgment holder to determine a feasible monthly payment plan until the judgment is satisfied. If possible, consider offering a lump sum payment, as they might agree to settle for less than the total amount.
- Ensure that any payment or settlement agreements are documented in writing before commencing payments. This safeguards against the possibility of a writ of execution being filed despite your payments.
Obtain a satisfaction of judgment form. Upon fulfillment of the judgment, the judgment holder submits a satisfaction of judgment form to the court, confirming receipt of the mandated payment.
- If the judgment holder accepts a reduced payment, ensure that the settlement terms are explicitly stated on the satisfaction of judgment form.
- Retain copies of this form for your records. In case of future inquiries regarding the judgment, you can provide the form as evidence of fulfillment.
Helpful Advice
-
If you discover a judgment against you, seek legal counsel. An attorney may assist in negotiating a settlement with the plaintiff.
Important Notes
- This guide focuses on searching for judgments in the United States. Procedures may vary in other countries. Consult a local attorney or contact the nearest court to inquire about the applicable process.