Here are four ways to avoid paying a judgment: 1) Use asset protection tools such as an asset protection trust, 2) use legal exemptions, 3) negotiate with the creditor, 4) file for bankruptcy.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
You may be able to undo, or set aside, this judgment if you didn't know about it or in a few other situations. You will not go to jail for having a judgment against you.
A CCJ for credit agreements under the Consumer Credit Act must be preceded by a warning letter, such as a default notice or a letter before action, at least 14 days before any action is taken.
``ing to the Limitation Act, a CCJ can only be enforced within 6 years of the order being issued. If you are being chased for defaulted mortgage repayments, for example, your mortgage company has 6 years to pursue you for payment of your CCJ.
If you issue a claim online, it is issued immediately and posted out to the defendant in a number of days. If not responded to, you could realistically get a CCJ within a month, as the Defendant has 14 days from service of the claim to respond to it.
There is also no minimum amount of debt required for a CCJ. So even if you're only behind by one or two months, it's up to your creditor if and when they want to apply for a CCJ.
Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respond to a post-judgment discovery request. The responding party may file a written objection with the court within 30 days of receiving the request.
And even if the party being sued does respond, many times there is not much of a defense that can be made. 10 days following the judgment, the creditor becomes a judgment creditor and can begin the wage garnishment process.