- Unless your case involves a crime, the courts do not have to provide you with an attorney. However, many organizations and charities may offer free legal assistance. State bar associations, for instance, typically have pro bono programs -- meaning the lawyer donates his time -- especially for people with hardships, such as AIDS or being elderly. Courthouses usually have facilitators that can at least tell you what forms to file and where. A lawyer may be able to find violations committed by the creditor, such as not sending you a bill.
- Most cases involving money take place in small claims court. Small claims courts have no way to force you to pay a judgment. Thus, you might be able to avoid payment by refusing to satisfy the judgment. Some states only allow a creditor to enforce a judgment for a few years. However, several states, such as California, let the creditor renew a judgment indefinitely, and interest accrues on judgments in every state.
- You should negotiate with the judgment creditor -- the person who receives the civil judgment -- before the case begins. If you lose, the judgment damages your credit rating. Many creditors accept a partial payment to avoid legal expenses. If you have already lost the case, you can set up an installment agreement with the creditor or usually through the courts.
- You should try to work out a payment with the creditor, because he may eventually may ask the court for authority to garnish your wages or bank account. A creditor can take up to 25 percent of your disposable income. It may even be able to get a lien against your property, which means you would have to pay the creditor if you want to sell the property.
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