Question

A. Explain what a "Judgment" is and identify three ways in which a party who is awarded a money judgment can compel payment of that judgment from a Defendant who refuses to pay that money judgment entered against him or her. B. What is required of a party to obtain a "summary judgment" successfully?

Answer 1

Ans:

(A) Judgement- In legal terms, a judgement is given by a court or by a judge to settle a dispute or resolve a controversy between parties and determining their rights and obligations. A judgement is made after analysing facts and evidences presented in the court. There should be a valid judgement.

If defendant refuses to pay the money judgement that is awarded to a party against the defendant, the party can compel payment of that judgement from the defendant in the following three ways:

1. Locate the Assets- Many courts either suo moto or on the request of the party order a judgement debtor to answer asset related question and make a statement listing all the assets or property and any charge on them. Also record the details of any past significant transfer of any asset below fair market value under a fraudulent transfer property. Property includes cash, an inheritance or trust, safe deposit boxes, financial accounts and investments accounts, personal property, ownership in any business etc.

2. Seizing Property- The party can attach any property to the money judgement. The decision regarding which property to attach should be made very carefully. Most of the time, attorneys look for hefty bank balance or real estate. Seizing property other than real estate may prove less productive. Make sure that the property you are attaching is protected.

3. Renew the Judgement- The party does'nt have enough time to collect the money judgement. If the defendant refuses to pay then the party cannot hold on to the judgement forever because the judgement needs to be collected within a reasonable time frame. But in this case, the party can extend the tine limit by renewing the judgement before it lapses.

(B) Summary judgement is one of the most effective and less time consuming and less expensive tool than a trial to get justice. To obtain a Summary Judgement successfully, the party requires the party seeking summary judgement-

1. To make a motion for the summary judgement asking the court to decide all or part of a lawsuit without being going on trial as there is absence of disputes regarding the key facts of the case.

2. To make sure that there is genuine issues of material facts and the movant (who files a motion) is entitled for a judgement of law

3. To forward all of the evidences on the key issues and not rely on the application submitted to the judge.

3.