What is a civil suit and a judgment?

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What is a civil suit and a judgment?

I owe a card company some money and they have taken the case to a collector (attorneys). These collectors say if I don’t pay in full, they will file a civil suit and seek judgment. This is a large amount which I can not pay. They are asking to pay at least half the amount up front (also too large) in order for a payment plan to take place, or else they will secure a judgement. What are the ramifications of this?

Asked on December 5, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A civil lawsuit is a process where a plaintiff files a claim in the county court clerk's office of a given state seeking some form of relief (usually money) against a person (defendant).

In your situation, that is what the situation may result concerning the credit card debt that you presumably owe. If a lawsuit is filed and you are served with the summons and complaint, you have a certain period of time to file a response and if not, a default judgment could be entered against you.

A judgment is when the court makes a decision that either the plaintiff or the defendant wins the action. If the plaintiff wins the action and money was sought, the court will award the plaintiff so much money against the defendant that the defendant has to eventually pay.

In your situation, I recommend that you consult with an attorney who practices debt collection law. If you owe money to the credit card company, I suggest that you try and work out a written settlement where you pay so much per month that you can afford.


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