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Hi there, welcome to my blog! Today I’m going to talk about a topic that is very important for anyone who is involved in a legal dispute or wants to learn more about the law: court judgments. What are they, how do they work, and what can you do with them? Let’s find out!

What is a court judgment?

A court judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court’s explanation of why it has chosen to make a particular court order. A judgment may require monetary compensation or transfer of property from one party to another. Judgments can also have non-monetary requirements, such as instructing one party to perform a service for the other.

Judgments are classified as:

• In personam: This is the most common type of judgment that holds one entity personally liable to another.
• In rem: This imposes a general liability over a thing, such as property, but no personal liability.
• Quasi in rem: This determines the rights of an individual, rather than all parties, in a particular thing, such as property.

Judgments are usually monetary, but can also be non-monetary. For example, if someone has been harmed in some way, they will seek to resolve the dispute in court and collect damages by filing a lawsuit. The resulting court judgment orders the loser of that lawsuit to pay the winner a specified sum of money. Alternatively, a contractor may be forced to complete a job rather than settle the dispute by paying money.

How does a court judgment work?

A court judgment is the final part of a court case. A valid judgment resolves all the contested issues and terminates the lawsuit, since it is regarded as the court’s official pronouncement of the law on the action that was pending before it. It states who wins the case and what remedies the winner is awarded.

A court judgment can be obtained by:

• Default: This occurs if one party doesn’t answer or show up in court. The judge may grant the other party a default judgment.
• Summary: This is when the judge issues a summary judgment without a full trial if there is no genuine disagreement as to any material facts in the case.
• Final: This is the court’s final determination, finishing the litigation process and addressing all the problems in a case.
• Interlocutory: This is a partial or interim judgment that tackles a particular point in the case without conclusively addressing the overall dispute.
• Injunction: This is when a judge issues a court order requiring a party to follow specified procedures or to carry out particular tasks.
• Declaratory: This is a ruling that establishes the status, rights, or duties of the parties to a lawsuit.
• Acquittal: This is a ruling where a judge releases the defendant once the defendant is found not guilty.

What can you do with a court judgment?

A court judgment is legally enforceable, which means that the party who wins the judgment can take steps to collect it from the party who loses. However, this does not mean that collecting a judgment is easy or automatic. Sometimes, the losing party may refuse to pay or may not have enough assets to satisfy the judgment. In such cases, the winning party may have to use various methods to enforce their judgment, such as:

• Garnishment: This is when a portion of the debtor’s wages or bank accounts are seized by the creditor.
• Lien: This is when a claim is placed on the debtor’s property, such as real estate or vehicles, which prevents them from selling or transferring it until they pay off their debt.
• Levy: This is when the creditor seizes and sells the debtor’s property, such as personal belongings or business equipment, to satisfy their debt.
• Contempt: This is when the debtor is ordered by the court to appear and explain why they have not paid their debt. If they fail to do so or give an unsatisfactory answer, they may face penalties such as fines or jail time.

Of course, these methods are not always effective or available. Sometimes, the debtor may file for bankruptcy, which may discharge or reduce their debt. Sometimes, the creditor may not be able to locate or identify the debtor’s assets. Sometimes, the statute of limitations may expire, which means that the creditor can no longer sue or collect their debt. Therefore, it is important for creditors to act quickly and diligently to enforce their judgments before they lose their chance.

Conclusion

Court judgments are powerful tools that can help you resolve your legal disputes and obtain your rightful remedies. However, they are also complex and challenging to obtain and enforce. Therefore, it is advisable to consult with an experienced lawyer who can guide you through the process and protect your interests.

I hope you enjoyed this blog post and learned something new about court judgments.

court dispute enforcement judgment law legal remedy

Ghazala Siddique