I've been watching court shows on T.V. I find them interesting like Judge Mathis& The peoples court.?
Now, what are the consequences if you are order to pay restitution to the opposing party. can some one explain to me the process, does the ordered party go to jail or what? cause i dont think its fair if some one declares bankruptcy just to escape payment. how is this justified?
Dude... come on. R U f*kin serious?
Tnx, Tina. thank God 4 yahoo answers.
Thanx.these were all great answers, 2 difficult 2 pick just one, i'll let you's decide.
- Joe FinkleLv 71 decade agoFavorite Answer
Those proceedings are an arbitration, not a real working court of the state. They agree to be bound by the decision in advance. The arbitrator (judge mathis, for example), has broad power to make decisions in the case and is generally not bound by state rules, such as evidence and tort law. They agree to be bound by the law of the court and it is almost impossible to get it overturned.
If the loser refuses to pay, the victorious party can take the decision to court and have it converted into a judgment. After that, you can begin enforcement proceedings and garnish wages, etc.
But on those shows the judgements are generally pretty small, so there's relatively little that you can do to enforce without spending more than its worth.
- Anonymous1 decade ago
If the other party gets a "judgment" against you, they must then execute the judgment.
1. They usually place a lien on any/all assets they can find.
2. They can go back to court to enforce a payment from your workplace.
3. They can also go back to court and have your assets sold/taken etc.
The only thing that will halt this process is bankruptcy filing. At that time the judge will liquidate all your assets to apply to the judgment ( within some limits) and other creditors.
Debtors prisons were closed about 500 years ago.
- 1 decade ago
The issue I have with most of the TV court shows like Judge Judy, et al, is that
1. That is not how judges act in real life.
2. They use an amalgamation of state laws for their rulings.
3. The majority of the cases would be considered frivolous in real life.
People and businesses declare bankruptcy all the time to get out of paying their just debts. They justify it because it suits their needs the most.
- Anonymous1 decade ago
When they lose and ordered to pay it is only a JUDGEMENT against them which has to be renewed every seven years and the only way the wiinning party will get their money is if the loser receives money, like inheritance, life insurance, sale of a house, stuff like that. I watch these all day and I enjoy them too.
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- Philip McCreviceLv 71 decade ago
Why do I get the impression 95% of the defendents on those shows are Democrats?
No proof. I just KNOW IT.