Terminology

Judgment:

(1) The official decision of a court that resolves the dispute between the parties to a lawsuit.

(2) The official decision or finding of a judge or administrative agency hearing officer about the respective rights and claims of the parties to an action; also known as a "decree" or "order," and may include "findings of fact and conclusions of law".

(3) The final decision of the judge stating which party has won the case and the terms of the decision.

Judgment Domestication: A judgment, order or decree rendered by the courts of another state, the transcript of which is filed at a court in the original state (where judgment was obtained) for the same effect and enforcement or satisfaction in the same manner as if the judgment had been rendered in the original state.

Default Judgment: Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court.

Stipulated Judgment: A stipulated judgment is a judgment which both sides agree to have entered. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant(s).

Contingency Fee: For services provided where the fee is only payable if there is a favorable result. In the law, this is the "no win, no fee" system.

Small Claims: courts of limited jurisdiction that hear civil cases between private litigants.

Personal Guaranty: Promise made by an officer of a corporation which obligates him/her to personally repay debts his/her corporation defaults on.

Appeal: When someone that loses at least part of a case asks a higher court (called an "appellate court") to review the decision and say if it was right.

Assignee: A person or business that is put in the place of the original creditor, such as a collection agency.

Bankruptcy: The legal way for a business or person to get help when they can’t pay the money they owe.

Civil Jurisdiction: A court’s right or power to hear non-criminal ("civil") cases.

Community Property: Community property is everything that a husband and wife or registered domestic partners own together.

Debtor: A person or business that owes a debt (usually money).

Docket: A record with the complete history of each case a court hears. It contains short chronological summaries of the court proceedings.

Filing Fees: Money you pay to the court clerk to accept (or "file") court papers.

Guarantor: A person that promises to be responsible for the debt of another person or corporation, LLC., etc. if that person fails to pay the debt on time.

Installment Payments: Weekly, monthly, or other periodic payments on a debt.

Judgment Creditor: The party (either the plaintiff or the defendant) in whose favor a judgment has been awarded.

Judgment Debtor: The party that the judgment has been entered against.

Judicial District: The state is divided into judicial districts that define the geographical area of each court's authority.

Money Judgment: A specific amount of money awarded by the court to a person as payment for damages (losses or injuries) suffered.

Notice of Entry of Judgment: A court form telling the parties about the judge's decision in a lawsuit.

Process Server: A person that serves court papers on a party to a lawsuit.

Proof of Service: The form filed with the court that proves that court papers were formally served on (delivered to) a party in a court action on a certain date.

Service of Process: The delivery of legal papers to the opposing party.

Statute of Limitations: A law that sets the deadline for parties to file suit to enforce their rights.

Tenant: A person that rents property.

Unlawful Detainer: When a person detains or continues to hold some real property that no longer rightfully belongs to them. "Unlawful detainer" also refers to a case in which a landlord tries to evict a tenant that, according to the landlord, no longer has the right to live on the property.

Vacate the Default Judgment: Getting a default judgment removed or erased.

Venue: The particular court in which an action may be brought.

Without Prejudice: A term used when rights or privileges are not waived or lost. A dismissal of a lawsuit without prejudice means a new suit can be brought on the same cause of action if it is within the statute of limitations.

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