If some of your stuff or some of your income is protected by exemptions, you need to know what and how much so that you can make sure that it is not taken from you. If you know what exemptions protect your income or things , you can tell the judge and the judge will not order you to pay from those assets and income. The plaintiff and the judge will probably ask you again and again if you can pay anything towards the debt.
They will also ask if you are willing to enter into a repayment plan. A repayment plan is an agreement with the creditor that you will pay back the debt by paying a set amount every month.
If the agreement is made into a court order and you do not pay back the amount you have agreed to pay, you could be in violation of the court order.
Only agree to a repayment plan if you really agree. If you do not agree with the amount stated, or you cannot pay back any amount every month, do not agree to a repayment plan. If you have income that is collection proof a court cannot order you to pay back the debt from that income. But if you agree in a repayment plan to pay a sum out of the protected income, the court can make you pay from your protected income. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program.
Or email a question about your own legal problem to a lawyer. What happens if I do not have the money to pay the debt or judgment? Show Endnotes Hide Endnotes. Always go to court If you cannot pay the debt, tell the creditor.
Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money to that person or company. If you lose your case The judge has already decided that you owe money to the plaintiff. Agreements when you do not have money to pay the debt: The plaintiff and the judge will probably ask you again and again if you can pay anything towards the debt. Why am I being sued again? Feedback Was the page helpful?
Easy to understand? Complete with enough details? Please tell us why you did not find this helpful. It does not answer my question. Accordingly, a plaintiff may need to pursue other options in order to enforce the money judgment they have been awarded against the defendant.
If the defendant fails or refuses to pay the judgment voluntarily, it may be necessary to contact an enforcement officer — this is typically a Sheriff or a City Marshall, depending on where you live. You can inform the enforcement officer that you wish to request an execution from the court.
An execution order allows them to seize money or property from the defendant to ensure the judgment is paid. Before obtaining an execution order, you will need to know what assets and property the defendant owns. You will need to provide this information to the enforcement officer, along with where the assets and property can be located. A contempt proceeding can be brought for failure to answer the subpoena.
An experienced attorney can help you with this process. Critically, information provided to you by the defendant is often one of the best ways to find their assets. A third-party debt order is usually made to stop the defendant taking money out of their bank or building society account.
The money you are owed is paid to you from the account. A third-party debt order can also be sent to anyone who owes the defendant money. If the defendant has a bank or building society account, the bank or building society will freeze the account when it receives the order from the court. If the account is overdrawn on the day the bank or building society receives your order, you cannot be paid from the account.
For more information about a third-party debt order, read EX — Third-party debt and charging orders — how do I ask for an order? A charging order prevents the defendant from selling their assets such as property, land or investments without paying what they owe you. You will not get your money until the defendant sells their assets. In some circumstances you may be able to ask the court for an order to force them to sell their assets. A third-party debt order or a charging order can be complicated.
You should get advice from a solicitor or your local Citizens Advice. If the defendant admitted the claim and made an offer to pay before the judgment was made, you will already know something about their finances. An order to obtain information is not a method of enforcing your judgment. This information can help you decide:. You will have to pay a fee for an order to obtain information. Although the court will add the fee to the money the defendant already owes you, the court cannot return what you have paid if your enforcement method does not succeed.
You can get more information about all these procedures online or from the staff at any County Court or Family Court hearing centre. However, the court staff will not be able to tell you which method of enforcement to choose. It is up to you to decide which one is the most likely to get you your money. You may be able to get free legal advice from a law centre, Citizens Advice, or a consumer advice centre.
Remember, this guide can only give you a general idea of what is likely to happen. It cannot explain everything about court rules and procedures. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV.
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