In
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ...
and
American law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the necessary amount he may be made
bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
if he fails to comply with a
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
notice (in US law, an involuntary petition) served on him by the
judgment creditors.
In the past, the judgment debtor could have been committed to prison or have a receiving order made against him in a
judgment summons
Judgment summons, in English law, a summons issued under the Debtors' Act of 1869, Debtors' Act 1869, on the application of a creditor who has obtained a judgment for the payment of a sum of money by instalments or otherwise, where the order for pa ...
under the
Debtors Act 1869
The Debtors Act 1869 (32 & 33 Vict. c. 62) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that aimed to reform the powers of courts to detain debtors.
Detail
In England, debtors owing money could be easily deta ...
.
[
Specific debts are non-dischargeable, such as debts for fraud and civil judgments that are obtained in a civil Adversary proceeding in bankruptcy. During such proceedings (US law) the judge who presides over the bankruptcy declares that a specific debt be deemed non-dischargeable, in that the bankruptcy will not dismiss the debt, and the debtor is obligated for the full amount of the judgment for life.
Examinations, referred to as judgment debtor exams or a JDX of the debtor are conducted in front of a district court judge, and the debtor is required to answer questions about his or her assets, or face the possibility of imprisonment for ]contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
.
References
{{DEFAULTSORT:Judgment Debtor
Contract law
Bankruptcy
Debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...