4 Different Types of Judgments
When you have been sued by a debt buyer (Midland Funding, Portfolio Recovery) or original creditor (Capital One, Synchrony Bank), there are 4 types of judgments we will often find in this type of lawsuit.
- Default Judgment
- Consent Judgment
- Summary Judgment
In this article, we will discuss these four judgments typically seen in debt-collection lawsuits.
You default. You don’t show up. What does this mean?
Maybe you were sued and served, and you did not respond within the time limits (In Alabama, this means 14 days for small claims or district court and 30 days for circuit court).
This could also mean you don’t show up to trial.
If you’re the defendant, the consumer that has been sued, and you do not show up for the trial, the collector will enter a default judgment against you.
You agree (consent) to a judgment.
Why would you do that? Generally, I think these should not be done.
The idea is you agree to a judgment. Maybe it is a $5,000 judgment and you’re going to pay $100 a week. As long as you do that, they will not garnish your wages, put a lien on your house, wipe out your bank account, etc.
Before trial, one side (typically the collection side) will tell the judge no trial is needed and asks the judge to summarily enter judgment.
They say there are no serious issues of disputed fact, so there is no reason to have this trial, so enter judgment in my favor.
This is a real judgment. You don’t get a trial if you lose by summary judgment.
Finally, we have a regular judgment.
We go to trial and the plaintiff (the person who filed the suit) wins so they have a judgment in their favor for a certain amount of money or the defendant wins (defense verdict). This means the defendant won the case.
If you have been sued, then you want a defense verdict or a judgment for the defendant.
A judgment states who wins at the end of the case.
We hope this overview is helpful to you!
If you live in Alabama and you have any questions, feel free to get in touch with us.
We would be glad to help you in any way we can.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.
Have a great day!
P.S. If you would like more information on judgments, be sure to check out these articles: