Judgement to pay debt

**raymondd1** · 21-09-2009, 21:31

Im having a judgementissued against my name due to a motorcycle acident. The motorcycle was not insured. If the judgement is taken against me can they take my fire arms, and what is the process?

**john noy** · 22-09-2009, 07:43

There are a few steps that the law requires to take place before a judgement is issued in a civil case.
1.The applicant will send you an account of costs to recover the costs/money due.
2.If you fail to answer or fail to pay any monies due to the applicant you should receive a final demand
3.If you still fail to pay then its handed over to a law firm for collection and they try to get the amount plus costs out of you .
4.If you still refuse to make an effort to pay then they issue a summons for a civil court action ,you still have the chance to make arrangements to pay before court or you have the chance to appear before the court and challenge the action .
5.If you fail to challenge any of the above the applicant will instruct the lawyers to obtain a court order against you .
6.The court will then see that you have not made any attempt or effort to resolve this and then instruct the sheriff of the court to go and make note of any thing of value your assets for attachment's.(you still have the chance to pay or make arrangements)
7.If you still do nothing then the sheriff will take things to the value of the outstanding debt.and auction this off in public and remember your name appears in the local newspaper .
8.If they can take your firearms for outstanding debt I doubt this as it your means of self defence or means to make a living if you are a professional hunter etc

My advice rather avoid all the crap and make arrangements to pay it off if you are battling financially kissass

**SSP** · 22-09-2009, 08:47

What has been posted above is not strictly true.

The Plaintiff need not send a letter of demand. He may simply issue a summons which will be served by the sheriff.

If you fail to defend or make some sort of payment arrangement judgement may be granted by default.

The Plaintiff will then issue a writ of attachment which the sheriff will serve. He may attach your firearms. This is, generally, the best thing to attach as people are particularly attached to their guns. The fact that you may be left without a means of self defence is irrelevant.

If you don't have a defence to the claim, that is to say, the collision was your fault, make an arrangement with the Plaintiffs attorney, and, and this is important, stick to it.