Kentucky Default Summary and Agreed Judgments
Kentucky default summary and agreed judgments are written decision of a court which quickly end undisputed cases. If you disagree with a judgment you have a very short period of time to object and appeal. If you fail to appeal and object you essentially agree to the decision. Once a judgment has been issued the creditor can start garnishments and attachments.
The first thing the creditor immediately does is to issue a judgment lien against any and all real estate owned by the debtor. This lien attaches to all the real estate in the county it is filed in. Often it is filed in several counties. It becomes very similar to a mortgage and normally the only alternatives to removing it is to pay the judgment or to file bankruptcy and in some cases strip the judgment lien. As soon as the judgment lien is entered and is issued, the creditor becomes a secured creditor with a lien on you home, car, wages, or bank account just like a car lien or mortgage.
A creditor can attach 25% of the debtors wages and all of the funds in any of his bank accounts. Some bank accounts which have social security or other protected funds in it may be protected but often the Debtor will have to fight to get the money back after it has been seized. Certain creditors such as the IRS can seize over 25% of a debtors wages. If you owe more than one judgment each creditor can take 25%. The first creditor takes the first 25%, the second takes the next 25%. Judgments in Kentucky are valid for 20 years and they can be renewed for another 2 0 years. A judgment will also appear on your credit report and negatively affect your credit score.
A Plaintiff can ask for a default judgment if a defendant fails to file an answer within 20 days after being served. If you fail to file an answer within the 20 days the court will take the position that you agree with the allegations in the complaint and a default judgment will be entered. A Defendant can be served by certified mail, sheriff, or by a warning order attorney. If the Plaintiff cannot easily locate the Defendant the court will ask a warning order attorney to attempt to locate the Defendant. If the Warning order attorney cannot locate the defendant the default judgment will be issued even though the Defendant may have never actually gotten the summons and complaint.
A Summary Judgment happens when there are no disputed facts and there is no need for a trial. If both sides are in agreement as to what happened then the judge only needs to make his decision. There may have been an answer but if the defense is weak and all the facts that are needed to award the Plaintiff or Defendant a judgment have been proven then there is no need for a trial.
Agreed or Consent judgments
In some cases the Defendant may be willing to agree to a judgment in order to stop some part of collections. Normally, the Plaintiff and the Defendant agree that the amount owed is a certain amount and often the Defendant will agree to a monthly payment. However, as soon as the payment is not made the creditor will garnish wages, bank accounts, sell a home, haul away cars or even furniture to pay the debt in Kentucky.
Latest posts by Nick C. Thompson (see all)
- Nine Tips to Help You Save Your Home from Foreclosure - 01/27/2020
- Hiring the best Foreclosure attorney in Kentucky - 01/18/2020
- How a Kentucky foreclosure works - 01/06/2020