How to Avoid a Civil Judgment
A civil judgment is obtained when a plaintiff files a lawsuit against you and wins money. A civil judgment is often the result of money owed to a creditor but may be the result of other legal issues such as damage you caused in a car accident case or injuries for which you are responsible as the result of a dog bite. A civil judgment can be damaging to your credit rating and your assets. There are steps you can take to attempt to avoid a civil judgment.
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Instructions
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Answer the complaint. In most cases, if you fail to file a written answer to the complaint within the time allowed by state law then the plaintiff may ask for a default judgment against you. If a default judgment is entered against you then you will lose your opportunity to contest the case even if you have a valid defense.
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Contact the plaintiff and attempt to work out a payment arrangement outside of court. In many cases, the plaintiff would prefer to work out an arrangement with you outside of court to avoid the time and expense of a trial. If you agree that you owe the money but simply cannot pay it all at once, offer to make payments. In some cases, if you can make a lump-sum payment less than the total amount owed, the plaintiff will accept that instead of a monetary judgment that would entail later payment.
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Defend the case in court. Whether you hire an attorney or choose to represent yourself, if you believe you don't owe the plaintiff anything or feel you owe less than she is asking for in the complaint, appear for the trial and defend your position.
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File for bankruptcy. If you are certain that you owe the plaintiff and are concerned about a civil judgment attaching to your home or your wages then consider filing for bankruptcy. This puts an immediate stay on almost all legal proceedings against you. While a bankruptcy will certainly affect your credit rating, you may be able to retain your home and protect your wages from garnishment.
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