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Creditwrench teaches all about judgments on all experts.comQuestioner: BethCategory: Collections Law atAllexperts.com question and answer forumSubject: judgmentQuestion: How does a judgment work? I have a hospital bill that is going to courtfor a judgement. I do not fully understand what a judgement is.Creditwrench CEO Bill Bauer answeredSimply put, a judgment is a court order saying that you owe money to someone. It isnot an order of the court stating that you have to pay. Garnishment is the order of the court that says you have to pay. Many folks do not know this and so pay up assoon as the judgment is entered against them..When you are served with a summons you have a certain number of days withinwhich you must respond to the court not counting the day upon which you wereserved. Most people think that the summons says they have to answer the summonsmeaning they have to explain to the court why they didn't pay. Creditwrenchteaches that this is totally incorrect and untrue. We teach that you have to respondand that the best way to respond is by filing a motion with the court demandingmore definitive statements from the plaintiff. Make him explain each and everylittle detail in his complaint.Motion for more definitive statements is also known as a Bill of Particulars. Eitherway it is a part of the 5 discovery tools that each party has at his disposal. Yourresponse must be in writing and properly prepared. Creditwrench teaches that youdon't need an attorney to do all of this. You can do it all by yourself andCreditwrench teaches you exactly how to do all of it without paying huge fees toattorneys who usually will not do an effective job of defending you.If the court grants your motion for more definitive statements the Plaintiff is now onthe defensive and must explain all that you demanded he explain. If he fails to do soyou can then demand another set of more definitive statements if the court willallow it. If not your next move might be to see if you can use the answers youreceived to file motions to dismiss the plaintiff's case for any number of reasons. If those motions are denied you would then have to actually answer theplaintiff'scomplaints with a detailed statement about each of his complaints coupled with anyaffirmative defenses you might have. An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions bythe defendant. Affirmative defenses operate to limit or excuse or avoid adefendant's criminal culpability or civil liability, even if the factual allegations of plaintiff's claim are admitted or proven.
 
An affirmative defense must be timely pleaded by the defendant in order for thecourt to consider it, or else it is considered waived by the defendant's failure toassert it.Because an affirmative defense requires an assertion of facts beyond those claimedby the plaintiff, generally the party making an affirmative defense bears the burdenof proof. The burden of proof is typically lower than beyond a reasonable doubt. Itcan either be proof by clear and convincing evidence or a preponderance of theevidence.Rule 8 of the Federal Rules of Civil Procedure governs the assertion of affirmativedefenses in civil cases filed in the United States district courts. Rule 8(c)specifically enumerates the following defenses: "accord and satisfaction, arbitrationand award, assumption of risk, contributory negligence, discharge in bankruptcy,duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant,laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmativedefense."Another of the 5 available discovery tools is known as interrogatories which areadditional questions you can ask the plaintiff. What you can ask are strictlygoverned by the court's rules of civil procedure. You can find those on the Internetquite easily and must be studied diligently. Your 3rd set of discovery tools aredemand for admissions. Demand that the Plaintiff admit certain things that if admitted will be very detrimental to his case. Then your 4th discovery tool isdemand for production of documents. Make his produce all of the documents uponwhich he relies as well as a true and correct accounting for the amounts of moneyhe demands including attorney fees. The 5th discovery tool is inpersonam discoverywhere the parties meet and attempt to get the other party to admit that he has nocase or that the defendant has no defense. Creditwrench also teaches that it is farbetter to be a plaintiff in federal court than it is to be a defendant in any court.Therefore we also teach how to find good and valid reasons to sue the plaintiff andhis attorney in federal court for violations of Fair Debt Collection Practices Act,Fair Credit Reporting Act, Truth in Lending, RESPA and other federal laws. If youare successful in federal court that usually puts a stop to all their demands you paythem anything at the time the Rule 26(F) meeting is held.Plaintiffs who have violated federal law will usually want to reach a settlementagreement rather than face a jury of 12 people, most if not all of whom have creditreports and credit ratings and little or no love for collection agencies and their
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cindykey3

my son is denied a public defender in court and he cant pay for one. They told me he could plead guilty or represent hiself. What do we do ?...Cindy

reply03 / 02 / 2008
mali

I have been wrongfully accused of fraud, when I worked as an officer of corporation and now I have been sued for $650,000. and i need to find out how I couls successfuly defend my self.

reply01 / 18 / 2008
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