How do I get a abstract of judgement amended?
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How do I get a abstract of judgement amended?
My son was sentenced to 10 years for dealing meth. The judge recommended purposeful incarceration; it’s on the papers for his case but on the abstract of judgement sent to the prison he is at, it is not put on the abstract of judgment. How would I get an abstract amendment for my sons case?
Asked on February 27, 2014 under Criminal Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
"Abstract of judgment" is a written summary of a judgment which states how much money the losing defendant owes to the person who won the lawsuit (judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant (judgment debtor) must obey, which abstract is acknowledged and stamped so that it can be recorded and made official with the government. The purpose of an abstract of judgment is to create a public record and create a lien or claim if necessary on any real estate property owned or later acquired by the defendant located in the county in which the abstract of judgment is recorded. If the loser does not pay the judgment voluntarily then the winner can force a sheriff's sale of any property to collect. There are several problems: 1) to find the county where the loser owns real estate property; 2) the probability that there are secured loans, tax liens and/or other judgments that come ahead of the judgment lien; 3) the possibility that the loser/debtor may go bankrupt and avoid paying the debt.
Answer: You need to consult with a criminal defense attorney to review your son's file in the criminal matter and to file a motion to amend the judgment if warranted.
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