Types of Judgments - Hannah Sheridan & Cochran, LLP (2024)

When a creditor desires to collect a debt from a debtor, they must first receive a judgment. There are several types of judgments that will suffice in this situation. The pretrial types of judgments are as follows: Confession of Judgment, Consent Judgment, Default Judgment. And Summary Judgment.

A Confession of Judgment is a judgment that is filed when the debtor admits that there is a debt and agrees the judgment may be entered against the debtor. This type of judgment can only be entered when there is no pending litigation regarding the matter. If a Defendant signs a Confession of Judgment, they forfeit any rights that they have to dispute any claim as to this debt in the future. Note that this type of judgment can be used in concert with a promissory note or payment agreement. Often, after a lawsuit is filed, a debtor will agree to make payments and a note or agreement and Confession of Judgment are executed, then the pending lawsuit is dismissed as the parties shift their reliance to the note and Confession.

A Consent Judgment is used when there is pending litigation and the debtor admits to the debt but is not able to pay the full amount of debt at that time. This type of judgment is essentially a settlement agreement between the parties that will be filed as a judgment on the debtor as part of the pending litigation and is enforceable as such. Typically, in the case of a consent judgment, the creditor agrees not to execute on the judgment for as long as the payments are being made.

If a debtor completely ignores a Summons and Complaint, then a Default Judgment is available to the creditor. This type of judgment results from a Defendant’s failure to respond to a complaint. To obtain a Default Judgment there must be a verified complaint filed for a sum that can be determined with certainty by the information provided in the Complaint. If there is no Answer to the complaint within the time permitted by statute, the Plaintiff files a Motion and Affidavit for Entry of Default along with an Entry of Default (Order) which provides the requisite information that service was proper and the defendant has failed to respond. The Plaintiff then files a Motion for Default Judgment and submits a Default Judgment to the Court. The Court will enter the Default Judgment in the amount that is claimed in the Complaint plus interest, and attorney’s fees and costs, if appropriate.

Further into the litigation process, another type of judgment is a Summary Judgment. A Summary Judgment is a court order ruling that there are no issues of material fact in the case and that there is sufficient evidence to declare one party the winner in a case without having a full trial. Either party can move for a Summary Judgment, and any motion for Summary Judgment should be accompanied by an affidavit from the moving party laying out the evidentiary elements necessary for the court to award Summary Judgment. A motion for Summary Judgment requires notice and a hearing to be held allowing the parties to argue their positions. After the hearing, if a Judge finds that there are no issues of material fact in dispute and that a judgment as a matter of law is appropriate, the Judge will enter a Summary Judgment. Note that if the Plaintiff obtains a Summary Judgment in a “simple” collections case, then the judgment will be for the amount pled in the Complaint, plus interest, and attorney’s fees, if applicable.

There is a fifth type of judgment that being a judgment awarded after a trial in an amount determined by the trier-of-fact (judge or jury).

The lifespan of any judgment in North Carolina is 10 years. The plaintiff will have 10 years from the date on which the judgment was entered to attempt to collect on the judgment through the post-judgment enforcement procedures. However, there is a way to “renew” a judgment to extend the enforceability for an additional 10 years. A creditor can renew a judgment in North Carolina, by bringing an independent action against the debtor for the amount that the creditor is still owed, which could be the entire amount of the first judgment, within ten years of the date the original judgment was entered. It is important that there is no lapse in judgment, so it is imperative to file the new independent action before the ten years of the original judgment expires. This action is typically a simple one, and if there is still money owed on the original judgment there will usually be a new judgment entered that will give the creditor another ten year period to collect the debt.

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Types of Judgments - Hannah Sheridan & Cochran, LLP (2024)

FAQs

Types of Judgments - Hannah Sheridan & Cochran, LLP? ›

The pretrial types of judgments are as follows: Confession of Judgment, Consent Judgment, Default Judgment.

What are the three types of judgment? ›

Types of Judgments
  • Confession of Judgment: The name in many respects says it all. ...
  • Consent Judgment: The Consent Judgment is a companion to the Confession of Judgment. ...
  • Default Judgment: A default judgment results from a defendant's failure to respond to a Complaint.
May 30, 2018

How many types of Judgement are there? ›

There are four kinds of judgments in civil cases, namely: 1. When the facts are admitted by the parties, but the law is disputed; as in case of judgment upon demurrer; 2. When the law is admitted, but the facts are disputed; as in, case of judgment upon a verdict; 3.

What are the 2 types of Judgement? ›

There are two types of judgments; judgments that are discriminating, and judgments that are evaluative. Judgments that are discriminating (i.e. I prefer X over Y) reflect personal preferences and subjective opinions.

What is the difference between default and summary judgment? ›

Summary judgment is a fast track proceeding in court whereby judgment is obtained without the merit and complements of a full trial; whereas Default judgment is entered for a party upon the adverse party's failure or inability to fulfill and perform a certain task or condition required of such party.

What are the 5 judgments? ›

The Scriptures speak of at least Five Separate Judgments, some claim even more. The five that we shall speak of differ in five general aspects as to "Subjects," "Time," "Place," "Basis of Judgment" and "Result."

What are the four judgments? ›

The author gives you what the word of God says about the time, place, and nature of God's judgment on sin at Calvary, the daily self-judgment of sin in the life of the believer, the Judgment Seat of Christ, and the White Throne Judgment.

What are the classification of judgments? ›

Judgments are classified as in personam, in rem, or quasi in rem. Judgments are usually monetary, but can also be non-monetary, and are legally enforceable.

What are the five crowns of judgement? ›

Contents
  • Crown of Life.
  • Incorruptible Crown.
  • Crown of Righteousness.
  • Crown of Glory.
  • Crown of Rejoicing.

What are the judgement levels? ›

Research demonstrates that judgment can be best understood by viewing its three main dimensions: perception, synthesis, and action. When considered together, these three dimensions form a process chain, each step of which is defined by a set of questions we can frame as: What?

What are the 6 elements of judgement? ›

This article identifies six components that contribute to good judgment: learning, trust, experience, detachment, options, and delivery.

How do you identify a judgement? ›

Judgments are subjective observations.

They are based on the facts of a situation, but are also derived from our values and reveal our feelings and attitudes toward something. A judgment is a statement we would expect others to agree with if they had the same information and perspective that we do.

What is the difference between summary judgment and final judgment? ›

If the Court grants the full motion, the moving party obtains an appealable final judgment. On the other hand, if the judge grants summary judgment on only some claims, the order is not an appealable final judgment because some remaining claims/defenses in the case must be resolved.

Why is it called summary judgment? ›

In some cases, the key facts are not disputed and require that judgment be entered for one of the parties. This is known as a summary judgment, in that it summarily ends the case before trial.

What is an example of summary Judgement? ›

Examples of summary judgement motions

John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

What are the seven levels of judgement? ›

There are seven trials he has to go through: Betrayal, Violence, Filial Impiety, Murder, Indolence, Deceit, and Injustice. The order of the trials is determined by King Yeomra, who judges sins from lightest to heaviest.

What is the second judgement? ›

Christianity considers the Second Coming of Jesus Christ to entail the final judgment by God of all people who have ever lived, resulting in the approval of some and the penalizing of others. The concept is found in all the canonical gospels, particularly in the Gospel of Matthew.

What are examples of poor judgment? ›

What does poor decision-making look like?
  • Impaired problem-solving (a term often used interchangeably with judgment)
  • Wearing inappropriate clothes for the season.
  • Lack of personal hygiene.
  • Trouble with finances (ie, giving money to scammers, making rash investments or withdrawals, gambling, not balancing accounts)
Jun 2, 2019

What is the one judgment rule? ›

The Final Judgment Rule (sometimes called the “One Final Judgment Rule”) is the legal principle that appellate courts will only hear appeals from the “final” judgment in a case. A plaintiff or defendant cannot appeal rulings of the trial court while the case is still ongoing.

What are the rules of judgement? ›

The Code states that a final judgment must be made "when the suit is ripe for making a judicial decision." The judgment must contain the names of the parties, the court, the final date of oral argument, the facts, and the reasons for decision subject to some exceptions.

What are the eight steps to judgement? ›

Match
  • 1- Reviewing Appeals. ...
  • 2- Granting the Appeal. ...
  • 3- Briefing the case. ...
  • Holding the Oral Argument. ...
  • 5- Meeting in conference. ...
  • 6- Explaining the Decision. ...
  • 7- Writing the Opinion. ...
  • 8- Releasing the Opinion.

What are the 4 types of moral judgement? ›

This article offers a framework that distinguishes, theoretically and empirically, four classes of moral judgment: evaluations, norm judgments, moral wrongness judgments, and blame judgments. These judgments differ in their typical objects, the information they process, their speed, and their social functions.

What are the five steps in the judgment process? ›

These are:
  • Identify and define the issue. ...
  • Gather the facts and information, and identify the relevant literature. ...
  • Perform the analysis and identify alternatives. ...
  • Make the decision. ...
  • Review and complete the documentation and rationale for the conclusion.
Aug 26, 2014

What are the two functional components of a judgment? ›

A judgment or judicial order has at least two functional components: first, it is a command by a competent court directed at the party at whom it is aimed, coupled in an appropriate case with a warrant to the sheriff to enforce such command; secondly, it regulates the legal relationship between the parties and settles ...

What are the 4 horsem*n in Judgement day? ›

The Four Horsem*n of the Apocalypse are figures in the Book of Revelation in the New Testament of the Bible, a piece of apocalypse literature written by John of Patmos. They are not specifically identified there but subsequent commentary often identifies them as personifications of Death, Famine, War, and Conquest.

What is the judgment in Matthew 5 22? ›

You have heard that it was said to the men of old, “You shall not murder”; and “whoever murders shall be liable to judgment.” But I say to you, everyone who is angry with his brother or sister is liable to judgment. Whoever says to his brother or sister, “Raka” (Ῥακά), is liable to the council (συνεδρίῳ).

What are the Four Horsem*n Judgement day? ›

The Book of Revelations in the New Testament lists the Four Horsem*n of the Apocalypse as conquest, war, famine and death, while in the Old Testament's Book of Ezekiel they are sword, famine, wild beasts and pestilence or plague.

Which judgement do I play first? ›

I would recommend playing Judgement before Lost Judgement, however. Lost Judgement is played from the perspective of Takayuki Yagami, a private investigator who first appeared in the original Judgement.

How many levels are there in Judgement day? ›

Progression System. Battle Pass: Judgment Day consists of 50 Stages. You need to earn 50 Points in order to move from one Stage to the next.

What are the door codes in judgement? ›

The one on the laptop gets you into the safe, the code is 5038. You should also spot the note on the left side of the server rack, 8919, as this is used to get into the room on the third floor. On this floor you want to head around the corner to the door with the keypad, then enter 8919 to enter the room.

What are the three factors in the process of making Judgements? ›

Detailed Solution

The three main factors to be considered in making ethical judgements are: The motive from which the action springs. The nature of the act itself, including the means adopted. The resulting consequences.

What is God's standard of judgement? ›

God's standard of judgment is defined by his holy character. At birth, we are all deserving of his judgment. But, out of his infinitely rich mercy and steadfast love, he sent the perfect Lamb, Christ, to be the perfect sacrifice for our sins.

What's the difference between judgement and judgment? ›

The spelling varies based on whether you're writing UK or US English. In US English, “judgment” (no “e”) is the only correct spelling. In UK English, “judgement” (with an “e”) is standard, but “judgment” is used in legal contexts.

Do Judgements show up on credit reports? ›

Judgments don't appear on your credit report and don't affect your credit score. But judgments may impact your ability to qualify for credit since lenders can still search for judgments via public records.

How long does a judgement stay on your credit report? ›

A credit reporting company generally can report most negative information for seven years. Information about a lawsuit or a judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. Bankruptcies can stay on your report for up to ten years.

What are the 7 crowns in the Bible? ›

In this devotional, you'll discover:•The Crown of Separation•The Crown of Protection•The Crown of Incorruptibility•The Crown of Rejoicing•The Crown of Righteousness•The Crown of Life•The Crown of Glory.

What is White Throne judgement? ›

The whiteness of the throne symbolizes God's own purity and the righteousness with which he judges. (3) This final judgment will occur at the time of Christ's Second Coming, immediately following the release of Satan from the abyss and his last and futile attempt to destroy the church (Rev. 20:7-10).

What is the last judgement according to the Bible? ›

Christianity teaches that all will stand to be judged by God at the Second Coming of Jesus Christ. In early Christian art the scene is one of Christ as judge, the resurrection of the dead, the weighing of souls, the separation of the saved and the damned, and representations of heaven and hell.

Why might a judge issue a summary judgment? ›

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.

What is summary judgment called? ›

Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial.

What does motion to demurrer mean? ›

Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.

What comes after summary judgement? ›

Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.

What is the burden of proof for summary judgment? ›

Catrett, the U.S. Supreme Court held in 1986 that a party seeking summary judgment does not have to provide proof, such as an affidavit, that negates the adverse party's claim.

Is summary judgment a constitutional right? ›

Whenever judges improperly decide factual issues, summary judgment is unconstitutional. In contrast, judges may constitutionally grant summary judgment based upon either legal principles or obvious facts because they have been doing so for several centuries.

What are the two types of summary judgment? ›

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

How do you argue for summary Judgement? ›

To prevail on summary judgment the moving party must demonstrate that (1) there are no genuine issues of material fact in dispute, and (2) that the moving party is entitled to a judgment as a matter of law.

How do you respond to a summary Judgement? ›

Replies should be succinctly stated. If the response to a fact is “undisputed,” the reply should also state “undisputed.” If you contend that despite a response of “disputed,” the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

What are the 3 bases of moral judgment? ›

According to Kohlberg's theory, moral judgment develops through six (in empirical reality five) qualitatively different stages, which form three levels of moral reasoning: preconventional level (Stages 1 and 2); conventional level (Stages 3 and 4); and postconventional or principal level (Stage 5), and the levels are ...

What are the 3 bases of moral Judgement explain? ›

First, a person must interpret the situation. Second, a person must engage in moral reasoning; that is, he or she must weigh any competing moral issues and form a mature and responsible judgment about what should be done. Third, the moral judgment must be prioritized over other values and action choices.

What are the 3 elements of a moral Judgement? ›

What are the three conditions of the Human (Moral) Act?
  • Three conditions of the Human Act. Human (moral) acts are acts which are chosen by exercising one's free will as a consequence of a judgment of conscience. ...
  • Difference between Human Act and Act of Man. ...
  • Human Act: Object. ...
  • Human Act: Intention. ...
  • Human Act: Circ*mstance.
May 19, 2018

What are the 4 types of moral Judgement? ›

This article offers a framework that distinguishes, theoretically and empirically, four classes of moral judgment: evaluations, norm judgments, moral wrongness judgments, and blame judgments. These judgments differ in their typical objects, the information they process, their speed, and their social functions.

What are the three 3 determinants of morality? ›

The morality of the human action depends on three main determinants: object, circ*mstances and intention. The theories of determinism and indeterminism are closely related to the analysis of human action.

What are the 6 elements of Judgement? ›

This article identifies six components that contribute to good judgment: learning, trust, experience, detachment, options, and delivery.

What are the 5 pillars of morality? ›

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. 5 These five foundations comprise the building blocks of morality, regardless of the culture.

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