Understanding Judgments- What They Are and How They Work

Category: Economics

Judgment refers to a court's official decision that resolves a legal dispute by defining the rights and obligations of the parties involved in a case. A judgment is typically mandated in a court order and can have various outcomes, including monetary compensation, the transfer of property, or instructions requiring a party to perform specific actions. This article explores the different types of judgments, their processes, and implications in detail.

Key Takeaways

Types of Judgments

Judgments can be categorized based on their characteristics and the type of case they address. The main classifications include:

  1. In Personam Judgments: These judgments hold an individual or entity personally liable, meaning they can be enforced against their personal assets.
  2. In Rem Judgments: These apply to property rather than individuals, establishing a claim against a specific asset irrespective of the owner's identity.
  3. Quasi In Rem Judgments: These are mixed types that determine a party's rights to a specific property but do not impose personal liability on the owner.

Monetary vs. Non-Monetary Judgments

Specific Types of Judgments

In addition to the general categories mentioned above, various specific types of judgments can occur:

Special Considerations

Collection of Judgments

Winning a court judgment is often just the initial step toward recovery; the actual collection can be challenging. Creditors may pursue various strategies to collect debts, which include:

It's crucial to note that while judgments are legally enforceable, state laws often protect certain properties from seizure, allowing debtors to retain essential assets.

Impact on Credit Reporting

As of 2018, a significant change occurred concerning how judgments are reported on a debtor's credit report. A voluntary agreement made between major credit bureaus and state attorneys general led to the exclusion of judgments from credit reports, which may affect a debtor’s ability to obtain credit in the future. This policy, however, is not anchored in law and could be subject to change.

Civil vs. Criminal Judgments

Understanding the distinction between civil and criminal judgments is essential:

Conclusion

Judgments are integral to the legal system, binding decisions that play a critical role in resolving disputes. Whether monetary or non-monetary, they have significant implications for individuals and businesses alike. However, the complexities involved in collection and adherence, alongside the nuances of civil versus criminal judgments, underscore the multifaceted nature of the legal landscape. Understanding these concepts is crucial for both plaintiffs seeking remedies and defendants striving to protect their rights.