Found an issue on this page? Let us know and we will look into it as soon as possible.
Existing judgment regarding an intentional tort where the plaintiff is attempting to increase the monthly payment
Anonymous6 views3 answers
The judgment is in excess of 1 million dollars, with a $75,000 penalty for each year not paid in full. My payments are not delinquent (even though I will never be able to pay this in full). The plaintiff is seeking increased monthly payments. Is there any way to protect myself and remain in good standing with my current judgment agreement without having to hire an attorney again? I have 14 days to contest, but hoping to gather information as to what my options are for retaining what is left of my already, seriously depleted funds.
Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO ·
Your post is missing a lot of information regarding the nature of the judgment and how payments were set up. If the payment plan is part of a settlement of an adversary complaint in bankruptcy then you need to do what the agreement says you need to do. Absent such a document, payments are not usually set by the Court - the Defendant is entitled to use legal means of collection to collect as fast as they are able to find non-exempt money or assets to apply to the debt.
To offer any insight, we would need to see the judgment and any payment or settlement arrangement. What is the basis for the current payment amount? Was that agreed to by all sides, is it in writing, is that agreement expiring?
The attorneys that have answered are correct. Additional information is most needed. The judgment agreement may have those payment terms in it . For instance , is the current amount by agreement and is there an end to that term payment schedule ? All these questions would need to be answered. Since there is a penalty provision that would seem, that there was some type of agreement or stipulation in place rather than a judgment from the court via a ruling after a trial.
