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VOCABULARY & COMMON TERMS March 2015 Page 1 of 1

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JUDGMENT RECOVERY INSTITUTE

VOCABULARY

& COMMON TERMS

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Abstract – a summary of a record or document, such as an abstract of judgment or abstract

of a title to real property.

Abstract of judgment – a written summary of a judgment which states how much money the losing party owes to the person who won the lawsuit, the rate of interest to be paid on the judgment amount, court costs and any other specific orders that the losing party must comply with. Normally, the Abstract of Judgment is acknowledged and stamped by the Court Clerk so that it can be recorded at the County Recorder.

Acknowledgment - A statement you make in front of a notary public or other person who is authorized to administer oaths stating that a document bearing your signature was actually signed by you. Saying, testifying or assuring that something is true. You can say this out loud or write it down.

Acknowledgment of Assignment – a written document that transfers rights or title to some particular person or entity

Acknowledgment of Satisfaction of Judgment – A form that the Judgment Creditor must complete, sign and file with the court when the judgment is fully paid.

Action – in court, when one person sues someone else to: defend or enforce a right, stop something bad from happening or fix something, or punish them for a crime.

Addendum – an attachment to a written document.

Adjournment – to put off a court hearing until another time or place.

Adjudicate – when a judge hears and decides a case.

Adjudication – the judge’s decision in a case or action.

Ad litem – “For this lawsuit” comes from Latin.

Administrative procedure – the way an executive government agency makes or enforces support orders without going to court.

Admissible evidence – evidence that can legally and properly be used in court.

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Admission – saying that certain facts are true. But not saying you are guilty.

Affidavit - a written statement of a witness, sworn "under penalty of perjury" to be the truth.

Affirm – to make a solemn (serious) statement.

Affirmation – when an appellate court says that the lower court’s decision was right.

Affirmative defense – when a defendant in a civil lawsuit files a response, usually called an “answer”, the answer will state the defendant’s denials of the claims made. In addition, the defendant may state affirmative defenses that excuse or justify the behavior of which the lawsuit is based.

Agent – a person, who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.

Agree – to reach and express a mutual agreement and understanding about something.

AKA – This is an abbreviation for “also known as”. This is also referred to as an “alias”. Persons or entities that use more than one name may be sued under all of the names used. For example; John P Doe may be known by that name, by J.P. Doe or Johnny Doe. If the person or entity you are suing is known by other names, you may wish to include those names when filing your lawsuit.

Allegation – a statement or claim that is made and hasn’t been proved to be true or false.

Allege – to say, declare, or charge that something is true even though it isn’t proved yet.

Alter Ego – A corporation, limited liability company, or other entity set up to provide a legal shield for the person controlling the operation. Proving that such an organization is a mere cover, or alter ego, for the business owner is one way to “pierce the veil” of the corporation or limited liability company, or take away the owner’s limited liability protection.

Alternative dispute resolution (ADR) – methods of resolving disputes without official court proceedings. These methods include mediation and arbitration.

Amend – to change or revise.

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American Bar Association (ABA) – A voluntary professional association of U.S. lawyers founded in 1878. The ABA’s activities and mission include law school accreditation, continuing legal education classes, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Answer – a defendant’s written response to a plaintiff’s initial court filing (called a complaint or petition). An answer normally denies some or all of the facts asserted by the complaint, and sometimes seeks to turn the tables on the plaintiff by making allegations or changes against the plaintiff (called counterclaims) or providing justification for the defendant’s behavior (called affirmative defenses). Normally a defendant has 20 days to which to file an answer after being served with the plaintiff’s complaint. In some courts, an answer is called a “response”.

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. This is called “to appeal” or “to take an appeal.” The person that appeals is called the “appellant”. The other person is called the “appellee”.

Appear – to come to court.

Appellant – someone that appeals a court’s decision (Compare to appellee).

Appellate court – a court that can review how the law was used to decide a case in a lower court.

Appellee – a person that answers an appeal in higher court.

Application for Waiver of Court Fees and Costs – A form to be completed by a party who desires the court to waive the filing fee or court mailing costs.

Arbitration – when a person that isn’t involved in the case looks at the evidence, hears the arguments, and makes a decision. (Compare with mediation and neutral evaluation).

Assign – to transfer to another person (the assignee) all or some of the rights and responsibilities that another person (the assignor) holds.

Assignee of Record - a person or business that stands in the place of the original creditor.

Assignment - the act of transferring an interest in property or some right to another.

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Assignment for benefit of creditors – a voluntary transfer of the debtor’s property into a trust to be used to pay creditors. The trustee collects any income owned the debtor, liquidates the debtor’s property that has been transferred to the trust, and uses the money to pay the debtor’s creditors. The debtor receives any money left over once the debts are paid.

Assignment order – a court order (made after a motion) that says a judgment debtor must assign certain rights to the judgment creditor. Useful for payments that the judgment debtor would usually get, like rent from tenants, sales commissions, royalties, a business’s accounts receivable or installment payments on IOU’s or judgments.

Attachment – (1) document attached to court papers to give more information; (2) the seizing of money or property prior to getting a judgment in court. Usually, done during the litigation process whereas only after a hearing before a judge in which both sides can argue the danger that the party being sued (defendant) is likely to leave the area or otherwise avoid probable payment. A temporary attachment may be allowed by court order without both parties being presented based on a declaration of the party wanting the attachment that there is ample proof that the defendant is going to flee. The court must also require a bond to cover damages to the defendant if the attachment proves to be unnecessary.

Attorney – a person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. (See counsel and lawyer).

Attorney-Client privilege – a rule that keeps communications between an attorney and client confidential and protects everything said between attorney and client from being discovered by the opposing party during pretrial investigation, or used as evidence in a trial.

Attorney of Record – the lawyer whose name is listed in a case record as representing someone in the case.

Automatic stay – an injunction that goes into effect automatically when a debtor files for bankruptcy. The automatic stay prohibits most creditor collection activities, such as filing or continuing lawsuits, making written requests for payments, proceeding with enforcement on collecting a judgment or notifying credit reporting agencies of an unpaid debt.

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Bail – a security deposit (usually money) given to release a defendant or witness from

custody and to make sure that they go to court when they’re supposed to.

Bailment – a legal relationship in which one party (bailor) leaves personal property in the possession, and under the temporary control, of another (bailee). Common examples include leaving a car in a parking garage, lodging a pet at a kennel or storing household goods in a storage center. While most bailments are considered “bailment for hire” (in which the bailee is paid), there is also “constructive bailment” when the circumstances create an obligation upon the bailee to protect the good, and “gratuitous bailment” in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner.

Bailiff – a Court official, usually a Deputy Sheriff, who keeps order in the courtroom and handles various errands for the judge and clerk.

Bank levy – a judgment enforcement procedure that requires the bank to release money in the judgment debtor’s bank account.

Bankruptcy – a legal way in which a judgment debtor can wipe out most or all of his debts.

Barred – prevented. For example, a statute of limitation may bar (prevent) the filing of an old claim being sued.

Bench trial – a trial decided by a judge (sitting on the “bench”), without a jury.

Bench warrant – an arrest warrant issued by the judge while sitting on the bench, holding court. A bench warrant is used when a defendant on bail fails to show up, or when a witness under subpoena fails to appear. The judge will usually set bail at the same time.

Blue Back – A blue sheet of paper that is placed behind a document; allows the court to easily thumb through files with blue separator sheets attached.

Bona fide – sincere, real, without fraud or deceit. Comes from the Latin for “in good faith”.

Bond - a money deposit left with the court to keep the judgment creditor from collecting what is owed while the judgment debtor appeals the judgment.

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Breach of Contract - a cause of action to recover money damages, flowing from a person’s violation of the terms of a contract.

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Calendar – a list, in alphabetical order of all the cases in each courtroom every day. “To

calendar” something means to give a day, time and courtroom to a case.

Caption– what is written at the top of all papers (called “pleadings”) given to the court. It says things like the case name, court and case number.

Case Law – the law based on judicial opinions (including decisions that interpret statutes), as opposed to law based on statutes, regulations, or other sources.

Cause of action – the charges (or “counts”) that make up the case or lawsuit.

Caveat – Latin for “let him beware”, a warning or caution. A formal notification by an interested party to a court, judge, or ministerial officer not to do an act till the party giving the notice has the opportunity to be heard.

Caveat emptor - Latin for "let the buyer beware." The basic premise is that you are buying a product or property at your own risk and should personally examine and test for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase. Since implied warranties and consumer protections regarding product liability have come upon the legal landscape, the seller is held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which a buyer cannot note by casual inspection.

Certified copy - A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

Certify – to testify in writing; to make known or establish as a fact.

Challenge – someone’s right to object to or fight something in a legal case.

Chambers – a judge’s office.

Change of venue – when a civil or criminal case is moved from one court jurisdiction to another. (See venue)

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Chattel – a piece of personal property.

Chief Justice – a judge who presides over any state supreme court or over a U.S. Supreme Court.

Circuit Court - 1) The name used for the principal trial court in many states. 2) In the federal system, the term may refer to courts within the 13 circuits. Eleven of these circuits cover different geographic areas of the country -- for example, the United States Court of Appeal for the Ninth Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. The remaining circuits are the District of Columbia, and the Federal Circuit, (which hears patent, customs, and other specialized cases based on subject matter). the term derives from an age before mechanized transit, when judges and lawyers rode the circuit of their territory to hold court in various places.

Civil – noncriminal

Civil case - A noncriminal lawsuit, usually involving private property rights. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.

Civil code – In many states, the name of the collection of statutes and laws that deal with business and negligence lawsuits and practices.

Civil law - (1) A generic term for all non-criminal law, usually relating to settling disputes between private citizens. (2) A body of laws and legal concepts derived from Roman law as opposed to English common law, which is the framework of most state legal systems. In the United States only Louisiana, relying on the French Napoleonic Code, has a legal structure based on civil law.

Civil liability – a legal obligation that arises to a private party, usually for payment of damages or other court-enforcement of a lawsuit.

Civil procedure - The rules set out in both state (usually Code of Civil Procedure) and federal (Federal Code of Procedure) laws that establish the format under which civil lawsuits are filed, pursued, and tried. Civil procedure refers only to form and procedure, and not to the substantive law that gives people the right to sue or defend a lawsuit.

Claimant – a person (including both a plaintiff and a defendant) who asserts a claim.

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VOCABULARY & COMMON TERMS March 2015

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Claim of Exemption – a document filed by the Judgment Debtor that list the property that the Judgment Debtor claims is exempt and therefore can’t be taken to pay the judgment.

Class Action – A lawsuit in which a large number of people with similar legal claims join together in a group (the class) to sue someone, usually a company or organization. Common class actions involve cases in which a product has injured many people, or a group of people has suffered discrimination at the hands of an organization.

Clerk - 1) An official or employee who handles the business of a court or a system of courts, maintains files of each case, and issues routine documents. Almost every county has a clerk of the courts or county clerk who fulfills those functions, and most courtrooms have a clerk to keep records and assist the judge in the management of the court. 2) A young lawyer who helps a judge or a senior attorney research and draft documents.

Codes – the law created by statutes.

Code of Federal Regulations (C.F.R.) – a set of publications containing regulations issued by federal agencies and organized by subject.

Co-defendant – one of two or more defendants charged with the same crime or sued in the same claim. Also called joint defendant.

Collection Law Firms – a debt collector that can file lawsuits to collect valid debts. If the law firm does not have any offices in your state, they generally will operate more like the typical collection agency.

Collector – The collection agency or collection law firm that attempts to retrieve funds owed to creditors.

Commissioner – a person chosen by the court and given the power to hear and make decisions in certain kinds of legal matters.

Common law - The body of law that developed over many years in England based on court decisions and custom, as compared to written statutes (codifications of the law). Colonists imported England's common law to what became the United States, and it survives today, greatly expanded and changed by the published decisions of American courts. Many common law principles, however, have been codified in state statutes. Only Louisiana does not take as its basic law the English common law; instead, that state's law is based on France's Napoleonic Code.

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Common law marriage - In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple, and intending to be married.

Community property - A method of defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are owned in common and all debts incurred during marriage are the responsibility of both spouses. Typically, community property consists of all property and profits acquired during marriage, except property received by inheritance, gift, or as the profits from property owned before marriage. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. In Alaska, couples can create community property by written agreement.

Compensatory Damages - a sum of money that is awared to a person to reimburse her or him for personal injury or property damage.

Complainant – a person or entity that begins a lawsuit by filing a complaint. Usually called the plaintiff or petitioner.

Complaint - written statement made by the plaintiff detailing the legal claims against the defendant. Filing the complaint with the court starts the lawsuit process.

Conclusions of Law – Determinations judges make when applying the law to a given set of facts. For example; if the facts show a motorist violated a traffic light and the law provides that a traffic signal violation is negligence, the legal conclusion is that the motorist was negligent. In an action decided by a judge without a jury, the judge must prepare a document that contains his or her finding of fact and conclusions of law. The conclusions of law determine the parties; rights and obligations are are the basis for the court’s order for judgment.

Confession of judgment - Usually, a clause within a promissory note, allowing the creditor to, upon nonpayment by the borrower, get a court judgment for the amount owed and in some cases collect from the borrower's assets, all without giving the borrower advance notice.

Conformed copy - An exact copy of a document filed with a court. To conform a copy, the court clerk will stamp the document with the filing date and add any handwritten notations to the document that exist on the original, including dates and the judge's signature. A conformed copy may or may not be certified -- this is, guaranteed by a court or government agency to be a true and exact copy of the original.

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Consent decree – a court order to which all parties have agreed. It is often done after a settlement between the parties that is subject to approval by the court.

Consideration - A benefit or right for which the parties to a contract must bargain. In order to be valid, a contract must be founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof in return for a payment of $1,000 -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view (in return for money or something else). Whatever its particulars, consideration must be something of value to the people who are making the contract; even if the value is very low.

Consumer Credit Protection Act (CCPA) – Federal law that limits how much money can be taken from someone’s paycheck to pay for child support. States can set their own limits as long as these limits are not higher than the federal ones.

Consumer Debt – a debt incurred by a natural person, in the marketplace transaction, for personal, family or household purposes.

Consumer Financial Protection Bureau (CFPB) – Formed July 1, 2011, the CFPB is the federal agency that holds primary responsibility for regulating consumer protection with regards to financial products and services in the United States. Their jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors and other financial companies.

Constable - A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers, and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

Contempt of court - deliberately disobeying a court order. Could result in fines or even criminal sanctions.

Contested – a kind of case where both sides present evidence.

Contingent fee – an arrangement where the debt collector keeps a percentage of the funds collected from the debtor.

Continuance - rescheduling the case to another date. Usually the party asking for the continuance must have a good reason.

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Continued – postponed, or put off to a later date.

Contract - an agreement, usually in writing, between two or more people.

Costs - fees and charges the plaintiff pays to file the case or collect on the judgment. What about the defendant being awarded costs?

Counsel – one or more lawyers that represent a client. Also, legal advise. (See attorney, lawyer)

Count – each separate charge (or statement) in an action.

Counterclaim - a claim the defendant makes against the plaintiff after the plaintiff brings a lawsuit, stating that the plaintiff owes the defendant money.

Court Order – a legal decision made by a court that commands or directs that something be done or not done. Can be made by a judge, commissioner, court referee or magistrate.

Court Stamp – a raised seal press or stamp that prints or stamps a seal on court papers. It might say the name of the judicial district or the consolidated city and county. You can read the stamp in photocopies.

Court Trail – a trial without a jury. A judge decides the case.

Creditor – a person or business that is owned a debt (usually money). (See Judgment Creditor).

Cross-claim - when one of the defendants sues one of the other defendants.

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Damages – money that the losing side must pay to the winning side to make up for losses

or injuries. There are 2 kinds of damages: (1) “compensatory”, meaning money to pay for the actual cost of an injury or loss; and (2) “punitive” or “exemplary”, meaning an amount of money that’s more than the actual damages. This is a punishment for willful or malicious acts.

Debt – an obligation to pay money at some time in the future, in return for the purchase or lease of goods or services. Debt is typically a contract but can arise from a liability (such as debt for damages, taxes or assessments).

Debt Buyer – a debt collector buys large portfolios or single notes of defaulted debt from creditors, then seeks to recover on the investment by either retaining the portfolio and collecting the debt, by keeping part and reselling part of the portfolio or by reselling the entire portfolio.

Debtor – a person or business that owes a debt (usually money). (See Judgment Debtor)

Decision – a court’s judgment or decrees that settles a dispute. (See decree, judgment)

Declaration - a sworn, written statement that is used as evidence in court. The statement supports or establishes a fact. The person that makes the declaration certifies or declares under the penalty of perjury that the statement is true and correct. The person that makes the declaration is called the “declarant”. The declarant must sign and date the declaration. The declaration must also say where the declaration was signed or that is made under the laws of the specific state where signed.

Decree – a court decision. It can be (1) “interlocutory”, which means it is not a final decision, or (2) “final”, which means all issues of the case are settled.

Default – failure of a party to the lawsuit to attend the court hearing. If the party was properly notified of the action (served), the judge may hear and decide the case without hearing the absent party’s side.

Default judgment - a judgment awarded by the court against one of the parties because they didn't show up for the hearing.

Defendant - the person being sued.

Defense – the defendant’s facts or arguments that demonstrate why the plaintiff isn’t entitled to the relief requested.

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Deposition –written or oral testimony given under oath in front of an authorized third party like a court reporter. Depositions take place outside the court. They allow the parties to get a record of a person’s testimony, or to get testimony from a witness that lives far away. They can help the lawyers prepare their court papers called “pleadings”.

Determination – a judgment or decision the court makes to end a lawsuit or controversy.

Discovery - finding out the details of the other party's case against you. The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery is done in many ways, such as through depositions, interrogatories or requests for admissions. It can also be done through independent investigation or by talking with the other side’s lawyer.

Dismiss with prejudice – to set aside the present action, without the claimant having a right to file another lawsuit on that claim. A dismissal with prejudice ends the case.

Dismiss without prejudice – to set aside the present action, but leave open the possibility of another lawsuit on the same claim.

Dismissal - when the judge dismisses the case because the plaintiff didn't come to court. Means that the defendant does not have to pay anything.

Disposable Income – what’s left of an employee’s income after making legally required deductions, like taxes. Disposable income is used to decide how much of the employee’s pay will be taken for a garnishment, attachment or earnings assignment.

Disposition - the final decision by the court in a dispute.

District court - 1) in the federal court system, a trial court for federal cases in a court district, which is all or a portion of a state. Thus, if you file suit in federal court, your case will normally be heard in federal district court. 2) A local court in some states. States may also group their appellate courts into districts -- for example, The First District Court of Appeal.

Docket - a list of all the cases a court will hear on a specific date.

Docket Number - a unique number the court clerk assigns to a case. It must be used in all future papers filed in the court case. Many docket numbers start with two letters to tell the type of case. For example; CI = Criminal Infraction; CR = Criminal Case, CV = Civil Case; FA = Family Case, MI = Motor Vehicle Infraction; MV = Motor Vehicle Case; SC = Small Claims.

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Due Process - the regular way that the law is administered through the courts. The U.S Constitution says that everyone has to have a day in court, has the right to be represented by a lawyer, and the right to benefit from court procedures that are speedy far and impartial.

Dunning Letter – a letter from a creditor or debt collection agency that demands payment of a debt.

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Earnings assignment – a way for an employee to transfer (or “assign”) portions of his or

her future paychecks to pay a debt.

Earnings withholding order – court order delivered (“served”) by a levying officer or registered process server that directs a judgment debtor’s employer to withhold the earnings of the judgment debtor for the purpose of wage garnishment.

Employer’s return – form returned to a levying officer by an employer that states whether the judgment debtor still works there and when the debtor is paid, and corrects any wrong information about the debtor or employer for the purpose of wage garnishment.

Endorsed-filled copies – copies of court papers that are stamped to show when they were filed. Compare with certified copy.

Enforce - to attempt to collect on a judgment.

Entry of Judgment – placement of a judgment on the official roll of judgments.

Et al. - (et- ahl Abbreviation for the Latin phrase "et alia," meaning "and others." This is commonly used in shortening the name of a court case, so that instead of listing all the plaintiffs or defendants, one of them will be listed followed by the term "et al."

Evidence –any proof legally presented at trial through witnesses, records and/or exhibits.

Evidence rules - the rules about presenting evidence - such as documents, testimony of witnesses, etc. - to the judge at trial.

Ex parte - Latin meaning "for one party," referring to motions, hearings, or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing, or an emergency request for a continuance.

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Examination - 1) The questioning of a witness by an attorney (or other party if the other party is self-represented). Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney. 2) In bankruptcy, the questions asked of a debtor by the judge, trustee in bankruptcy, attorneys, or creditors, to determine the state of the debtor's affairs. 3) In criminal law, a preliminary examination is a hearing to determine whether a defendant charged with a felony should be held for trial.

Execute – (1) to carry out all terms of a contract or court order; (2) to sign (a document); (3) to kill.

Execution - the court ordering the sheriff's office to take property owned by the judgment debtor to pay the debt that is owed.

Exempt assets – property and income of a judgment debtor that is legally protected from being forcibly taken to pay a judgment debt.

Exhibit - a copy of a paper attached to a pleading (any legal paper filed in a lawsuit), declaration, affidavit, or other document, which is referred to and incorporated into the main document.

Ex parte – these Latin words mean “from 1 side only”. An example is a motion that is made without giving notice to the other side. In many courts, even ex parte motions require 24-hour notice to the other side except under unusual circumstances.

Expert witness - a person who is qualified due to their experience or background to give an opinion about a disputed matter.

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Failure to Appear – In a civil case, failing to appear in court when order to. Also known

as a FTA. FCRA – is a United States federal law that regulates the collection, dissemination and use of consumer information, including consumer credit information. FDCPA – The Fair Debt Collections Practices Act (FDCPA) is a United States statue added in 1978 as Title VIII of the Consumer Credit Protection Act. Its purposes ar to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection and to provide consumers wit h an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.

Fictitious defendants - When a party suing (plaintiff) is not sure whether there are unknown persons involved in the suit, they are given fictitious names, usually designated Doe I, Doe II, and so forth, with an allegation in the complaint that if and when the true names are discovered they will be inserted in the complaint by amendment. Fictitious defendants are not permitted in federal cases.

Fictitious name - Fictitious names are often used in conducting a business. They may also be used when filing a lawsuit against a party whose real name is unknown or when it is appropriate to conceal the true name of the party. DBA - doing business as

Fieri facias - ( fee -air-ee fay -shee-es) Latin for "that you cause to be done." This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant. Same as “Writ”. Commonly referred to as “Fi Fa”.

File – when a person officially gives a paper to the court clerk and that paper becomes part of the record of the case.

File-stamped – (See endorsed-filed copies)

Filing Fee - money paid by the plaintiff to file the paperwork that starts the small claims case. Money you pay the court clerk to accept (or “file”) a complaint or petition, which starts a civil case, or other court papers, like motions and answers.

Financial Affidavit – a sworn statement of income, expenses, property (called assets) and debts (called liabilities).

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Finding – when a judicial officer or jury says something is a fact.

FOIA – refers to the “Freedom of Information Act”. A federal law administered by the Federal Trade Commission (FTC), outlines how government records an public records will be accessible to the public.

Full faith and credit – this means a state must honor an order or judgment of another state’s court.

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Garnishment - taking a percentage of the judgment debtor's wages on a regular basis in

order to pay the debt owed.

Good cause – a sufficient reason. For example, a party must have good cause for not attending the court hearing.

GLB – in 1999, Congress enacted the Gramm-Leach-Bliley Act (GLB), which specifically prohibits obtaining, or even attempting to obtin, another person’s financial information by making false, fictitious or fraudulent statements to the financial institution.

Guarantor – an individual or company that has agreed to be responsible for the acts or omissions of another.

Guardian ad litem – a person appointed by the court to represent a minor (under 18 years old). The representative is usually the minor’s parent. A guardian may also represent a person who is mentally incompetent.

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Habeas corpus – the name of a writ used to bring a person before a court or judge to

decide whether that person is being lawfully denied his or her freedom. The term comes from Latin.

Hearing – a formal court proceeding with a judge and opposing sides present, but no jury.

Hearsay– statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can’t be used as evidence in court.

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Inactive case – a pending case that has been filed, but for some reason can’t be processed by

the court.

Income – any form of periodic payment to a person, regardless of source, including wages, salaries, commissions, bonuses, worker’s compensation, disability, pension or retirement program payments and interest.

Income withholding – when automatic deductions are made from wages or income to pay a debt like child support. Income withholding is often part of a child support order. It can be voluntary or involuntary. (See also direct income withholding, wage withholding)

In-house collections – collections handled by the company that sold the goods or provided the service for which the debt was undertaken.

Injuction – a court order that says a defendant can’t perform, or must perform, a specific act. (Compare to restraining order)

In propria persona (in pro per) – r when a person represents himself or herself without a lawyer. This comes from the Latin for “in one’s won proper person.” (See pro per, pro se)

Installment payments – weekly, monthly or other periodic payments on a debt.

Intercept – when nonwage payments (like federal income tax refunds, state income tax refunds, unemployment benefits and disability benefits) made to a parent that owes support are taken and given to the parent who is owned support.

Interrogatories - Written questions sent by one party to another as part of the pretrial investigation process, called "discovery." Interrogatories must be answered in writing under oath or under penalty of perjury within a specified time (such as 30 days). Lawyers can write their own sets of questions, or can use form interrogatories designed for the most common types of lawsuits. (See discovery)

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Judgment - the decision of the judge. It states the amount that the Judgment Debtor owes

the Judgment Creditor and may also include other terms such as the date when payment must be made. (Compare disposition, verdict)

Judgment creditor (JC) - the person who is owed the money.

Judgment debt – a the total amount that will pay off the judgment, including: (a) the original debt; (b) and pre-judgment interest, court costs and other charges; and (c) any interest and court costs after judgment.

Judgment debtor (JD) - the person who owes the money.

Judgment lien – a security interest in real property, which prevents its sale until the judgment debt is paid.

Judgment proof - A condition of having little money and/or property that a creditor who wins a lawsuit could take. A person might be judgment proof because he or she has no property and no steady income. Even a person who owns property might be judgment proof if all of the property is exempt and, therefore, can't be taken by creditors.

Judgment Recovery Specialist (JRS) - the person who specializes in the collection / recovery of court ordered judgments.

Judicial – referring to a judge, a court or the court system.

Jurisdiction - The authority of a court to hear and decide a case. To make a legally valid decision in a case, a court must have both "subject matter jurisdiction" (power to hear the type of case in question, which is granted by the state legislatures and Congress) and "personal jurisdiction" (power to make a decision affecting the parties involved in the lawsuit, which a court gets as a result of the parties' actions). For example, a state court's subject matter jurisdiction includes the civil and criminal law passed by its own state, but doesn’t include patent disputes or immigration violations, which Congress allows to be heard only in federal courts. And no court can hear or decide a case unless the parties agree to be there or live in the state (or federal district) where the court sits, or have enough contacts with the state or district that it's fair to make them answer to that court. (Doing business in a state, owning property there, or driving on its highways will usually be enough to allow the court to hear your case.) The term "jurisdiction" is also commonly used to define the amount of money a court has the power to award.

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For example, small claims courts have jurisdiction only to hear cases up to a relatively low monetary amount -- depending on the state, typically in the range of $2,000 to $10,000. If a court doesn't have personal jurisdiction over all the parties and the subject matter involved, it "lacks jurisdiction," which means it doesn't have the power to render a decision.

Jurisdictional limit - the maximum amount of money that can be awarded by a particular division of the court.

Jurisprudence – the study of law and the structure of the legal system.

Justice of the Peace (JP) - An official who handles minor legal matters such as misdemeanors, small claims actions, marriages, and traffic matters. Dating back to early English Common Law, "JPs" were very common up to the 1950s, but are now primarily found in rural areas from which it is unreasonable for the public to travel to the county seat for minor matters.

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Keeper – an officer that the court appoints to be responsible for the money or property

legally seized in connection with a pending case. Keeper levy – a judgment enforcement procedure in which the levying officer takes over the operation of the Judgment Debtor’s business for a limited duration to obtain cash and/or checks for payment to the Judgment Creditor.

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Lawsuit - 1) A legal action by one person or entity against another person or entity, to be

decided in a court of law. 2) The complaint or petition that begins a court case. (See action, case)

Lawyer – a person qualified to represent clients in a court of law and to advise them on legal matters. (See attorney, counsel)

Levy – the seizure of property to satisfy a judgment.

Levying Officer - usually a Sheriff, Marshal or Registered Process Server who acts upon an order from the court

Liable – to be legally responsible or obligated by law to another person.

Lien - any official claim or charge against property or funds for payment of a debt or an amount owed for services rendered.

Lis pendens – jurisdiction of a court over property until final decision of a case; from the Latin for “a pending suit”.

Litigants – the parties (sides) involved in a lawsuit.

Litigate – to conduct or engage in a lawsuit.

Litigation – the process of bringing and pursuing (litigating) a lawsuit. The people involved in lawsuits (plaintiffs and defendants) are called “litigants.”

Local forms – t courts create local forms to standardize the preparation of documents in the courts. Local forms are different from judicial council forms. Local forms can usually only be used in the court that adopted the form. Most Judicial Council forms can be used statewide.

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Magistrate - 1) In the U.S., a generic term for a court judge. 2) In a few U.S. states, a

justice of the peace or other lower-level officer of the court, with limited power to hear certain types of cases, such as small claims lawsuits or minor crimes, or to conduct particular types of proceedings, such as preliminary hearings. 3) In U.S. federal district courts, a magistrate judge is an official who conducts routine hearings assigned by the federal judges, including preliminary hearings in criminal cases.

Mandatory – required, ordered.

Marshal - 1) A law enforcement officer similar to a sheriff. 2) A judicial officer who serves papers and provides other services to the court. The U.S. Marshals (also called federal Marshals) provide security and other services to the federal courts.

Mediation - sitting down with the other party to the lawsuit and a neutral third party to try to work out a settlement. (Compare arbitration, neutral evaluation)

Mediator – a neutral third person who helps disputants arrive at their own settlement. The mediator doesn’t decide the dispute.

Minutes - 1) The written record of meetings, particularly of boards of directors or shareholders of corporations, kept by the secretary of the corporation or organization. 2) The record of courtroom proceedings, such as the start and recess of hearings and trials, names of attorneys, witnesses, and rulings of the court, kept by the clerk of the court or the judge.

Model Rules of Professional Conduct – American Bar Association rules stating and explaining what lawyers must do, must not do, should do, and should not do.

Modification – A request to change a prior order. Usually requires showing a change in circumstances since the date of the prior order.

Motion - A formal request that a judge enter a particular order or ruling in a lawsuit. An oral motion may be made during trial -- for example, to strike the testimony of a witness or admit an exhibit. Often, motions are made in writing, accompanied by a written statement explaining the legal reasons why the court should grant the motion. The other party has an opportunity to file a written response, and then the court decides whether to grant or deny the motion. The court may hold a hearing where each party can argue its side, or may decide the issue without a hearing.

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Motion for new trial - A request made by a party, after a judgment is entered in a lawsuit, that the judge vacates that judgment and order a new trial. Typically, a motion for new trial argues that the judge made a significant legal error or that there was insufficient evidence to support the jury's verdict. In many jurisdictions, a party must make a motion for new trial to reserve the right to make the same arguments on appeal.

Motion to dismiss - A motion asking the judge to throw out one or more claims or an entire lawsuit. Sometimes, the plaintiff or a prosecutor makes a motion to dismiss a case because it has been settled out of court. Sometimes, the defendant files a motion to dismiss claiming that the plaintiff or prosecutor has committed some procedural error that prevents the court from hearing the case or that, even if all of the facts in the complaint are true, the plaintiff or prosecutor cannot win the case (this type of motion to dismiss is called a demurrer in some courts).

Motion to strike - 1) A request that the judge eliminate all or part of the other party's pleading. 2) A request that the judge order evidence deleted from the court record and instruct the jury to disregard it. Typically, this request is made regarding testimony by a witness in court.

Moving Party – the person making the request to the court in a case.

Municipal – pertaining to a city or town government.

Municipal court - A court that typically has authority over minor criminal matters, traffic tickets, and civil lawsuits where a relatively small amount of money is at stake. The rules vary from state to state; in some states, courts that handle minor local matters have other names.

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Necessary Parties - a person who legal interests will be affected by the litigation or a

person who must be a party if the court is to grant a remedy or complete relief according to law.

Negligence - a failure to exercise the degree of care that an ordinarily careful person would exercise considering the foreseeability of harm to persons or property. A person may be negligent toward another person or toward himself or herself. All persons have the legal duty to conduct themselves with responsible care so as not to injure another person or another person’s property. However, a person does not have a duty to act to protect another person from harm caused by a third person or forces of nature, unless that person has a special relationship recognized by law that imposes on him or her a duty to act and protect. The special relation may be based on requirements in the common law, a stature or a contract.

Neutral evaluation – when a neutral person (or persons) hears brief written an oral presentations, then considers the strengths and weaknesses of each side’s contentions and evidence and offers an overall evaluation of the dispute. (Compare arbitration, mediation)

Notarized - To certify or attest to (the validity of a signature on a document, for example) as a notary public.

Notary Public – a person whose most common function is to certify the signature of an individual.

Notice - Information that one person gives to another, alerting the other party of the first party's intentions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court. In a noncourt setting, notice can simply be a written statement of intentions, as when a landlord terminates a tenancy by serving a termination notice on the tenant.

Notice of Appeal - paperwork filed requesting that the case be taken to the next highest court for a decision.

Notice of Entry of Judgment – a form notifying the parties of the judge’s decision in the lawsuit.

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Notice of Default - A statement, usually written, from one party to a contract to another, advising the recipient that he or she has failed to live up to a term or condition of the contract. Although defaults are most common in real estate, they can happen in any contract situation. A notice of default can result when a homeowner fails to pay as required under his mortgage or deed of trust. In a lease situation, a notice of default can be sent by either the landlord or tenant, claiming that one of them has violated a condition of the lease. If the defaulting party fails to correct, or cure, the default, the other side may declare the contract to be over, by instituting foreclosure proceedings, an eviction, or taking any other act, depending on the nature of the contract, that ends the contractual relationship.

Notice of Motion to Vacate Judgment and Declaration – a request that asks the court to cancel a judgment that was entered and to hold a new hearing.

Nunc pro tunc - (nunk proh tuhnk) Latin for "now for then," meaning to cause an order or judgment to apply to an earlier date. Example: A divorce judgment is submitted to the court but because of a mistake of the court clerk, not filed or signed by the judge. Six months later, one of the parties marries someone else. When the parties later discover the divorce was never entered, they can obtain a judgment nunc pro tunc making the judgment final as of the date they filed it, so that the remarriage is not bigamous.

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Objection – a formal protest made by a party over testimony or evidence that the other side

tries to introduce.

Off calendar - Refers to a court order to take a lawsuit, petition, or motion off the list of pending proceedings. The reasons might be that the lawyers agreed (stipulated) to drop or postpone the case, the moving party's lawyer failed to appear, the suit has been settled pending final documentation, or some other reason that the case should not proceed at that time. The matter can in most instances be put back "on calendar" by stipulation of the lawyers or upon motion of either party.

Opinion – a judge’s written explanation of the decision of the court in appellate cases. Because a case may be heard by 3 or more judges in the appellate court, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, 1 judge will write the opinion for all. If all the judges do not agree, the formal decision will be based on the majority view and 1 member of the majority will write the opinion. The judges that do not agree with the majority may write their own dissenting or concurring opinions to state their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion aggress with the decision of the majority opinion, but offers comment or clarification or a completely different reason for reaching the same result. Only the majority opinion can be used as binding precedent in future cases. (See precedent)

Order – (1) decision of a judicial officer; (2) a directive of the court, on a matter relating to the main proceedings, that decides a preliminary point or directs some steps in the proceedings. For example, an order telling a defendant to pay back the county for costs for a court-appointed attorney. (See court order)

Order to Appear for Examination – a court order instructing the Judgment Debtor to appear in court at a specified date and time to answer questions about his or her property and sources of income. Also called a “debtor’s examination.”

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Party - 1) A person, business, or other legal entity that files a lawsuit (the plaintiff or

petitioner) or defends against one (the defendant or respondent). 2) A person or other legal entity that enters into an agreement.

Parties - the plaintiff and the defendant who are involved in the lawsuit.

Pending – the status of a case that is not yet resolved by the court.

Perjury – a false statement made on purpose while under oath in a court proceeding.

Personal Service – handing a copy of court papers directly to the person to be served. The person who serves the papers must tell the other person that these are legal papers, then leave the papers near the person (at their feet is fine). The person they serve does not have to accept (by hand) the papers or say or sign anything.

Petition – a formal written request given to the court asking for a specific judicial action. (Compare motion)

Petitioner – a person that presents a petition to the court.

Plaintiff - the person who files the initial petition (sometimes called a "complaint") to start the lawsuit process.

Pleading – any document submitted to the court written on paper indicated by numbers down the side of the document, double-spaced. The footer on the document includes the title of the document. (ie: AOA-CT). Written statement filed with the court that describes the party’s legal or factual claims about the case and what the party wants from the court.

Points and authorities - The legal and factual basis for an argument in a lawsuit. A party who wants the judge to rule a particular way on a motion often must submit a memorandum of points and authorities, in which the party argues that the facts, statutes, and relevant precedents support that party's position. Also known as “P’s and A’s”.

Post – a prefix meaning “after”

Post judgment – Any request to a court or action by a judge after a judgment in a case.

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Post judgment interest - Interest on a court judgment that a creditor can collect from the time the judgment is entered in the court clerk's record until it is paid.

Praecipe - ( pree -suh-pee or pres -uh-pee) 1) A written order (also called a writ) that commands a defendant to do something or to show why it should not be done. 2) A written request for court action -- for example, setting a trial date or entering a judgment.

Pre –a prefix meaning “in front of” or “before”

Precedent – a court decision in an earlier case with facts and legal issues similar to a dispute currently before the court. Judges will generally “follow precedent,” meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues. A judge will overlook precedent if a party can show that the earlier case was decided incorrectly or that it differed in some significant way from the current case.

Prejudgment interest - The interest a creditor is entitled to collect under a loan agreement or by law before going to court and obtaining a judgment against the debtor. Privileged Communication - a communication that is protected by law from disclosure. Probate – the judicial process to determine if a will of a dead person (called the “decedent”) is genuine or not; lawful distribution of a decedent’s estate.

Process Server – a person who serves court papers on a party to a lawsuit.

Pronouncement of Judgment – when the judge formally issues a judgment in a case.

Proof of Service - a document filed with the court stating that a party has been properly presented with copies of the court papers.

Pro Per (also known as Pro Se, Propria Persona) - A term derived from the Latin in propria, meaning, "for one's self," used in some states to describe a person who handles her own case without a lawyer.

Pro tem judge – an attorney who volunteers his or her time to hear and decide small claims court cases. . a "temporary judge" sitting in for an absent judge

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Pro tempore – a referee or commissioner that temporarily replaces a judge; same as pro tem judge; from the Latin for “for the time being” or “temporarily.”

Public record - a court document available for inspection by the general public.

Punitive Damages - Money damages awarded to a plaintiff in a civil action to punish the defendant for willfully committing a wrongful act that injured the plaintiff or damaged the plaintiff’s property. Punitive damages are recoverable in addition to compensatory damages. In determining the amount of punitive damages, the jury may consider the nature of the wrongful act, the seriousness of the plaintiff’s harm, and the financial condition of the defendant. Some courts take into consideration whether the defendant has already been subjected to punitive damages to other plaintiffs for the same wrongful conduct.

Purchase Agreement – a written agreement that outlines the purchase particulars in a recovery case between the original Judgment Creditor (known as the Seller/Assignor) and the Assignee (known as the Buyer/Assigneee).

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Quash - To annul or set aside. A motion to quash asks the judge for an order setting aside or

nullifying an action, such as quashing a service of summons when the wrong person was served.

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Receiver - 1) In a lawsuit, a neutral person (often a professional trustee) appointed by a

judge to take charge of the property and business of a party to the lawsuit, and receive the rents and profits due to the party, while the lawsuit is being decided. A receiver is appointed if requested by the other party to the suit and if there is a strong showing that the property would not be available when the lawsuit concludes. 2) In debt and bankruptcy law, a person appointed to receive rents and profits coming to a debtor either while a bankruptcy is being processed or while an arrangement is being worked out to pay creditors. 3) In criminal law, shorthand for one who commits the crime of receiving stolen goods knowing they were obtained illegally.

Receivership - The process of appointment by a court of a receiver to take custody of the property, business, rents and profits 1) of a party to a lawsuit pending a final decision or 2) an agreement that a receiver control the financial receipts of a debtor for the benefit of creditors.

Referee - a person appointed by the court to hear and make decisions on limited legal matters, like juvenile or traffic offenses.

Register of actions – the official permanent court record of actions in civil cases. May be kept electronically and/or in a ledger.

Registered Agent - a person designated by a corporation or company to receive official documents for the company.

Request for Dismissal – a form filed with the court if a settlement or agreement is made between the parties before the court hearing is held. The dismissal will cancel the scheduled court hearing and stop the proceeding.

Request to Correct or Vacate Judgment – a form filed with the court to modify a recently issued judgment.

Request to Pay Judgment in Installments - a form filed, along with a financial declaration, by the Judgment Debtor if the parties can’t agree on an installment payment plan. The Judgment Creditor may oppose or agree to the request.

Request to Pay Judgment to the Court – a form completed by the Judgment Debtor to pay the judgment directly to the court.

Response - paperwork by the defendant that is filed with the court in response to plaintiff's complaint.

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Restraining order - a court order that tells a person to stop doing something for a certain amount of time, usually until a court hearing is held. (See injunction)

Return of Service - Written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint).

Revival - 1) Requesting a court to reinstate the force of an old judgment. 2) Reinstating a contract or debt by a new agreement after the right to demand performance or collect has expired under the statute of limitations.

Rule - 1) To decide a legal question, as when at the end of a lawsuit a court announces: "This court rules that the plaintiff is entitled to the goods and damages for delay in the sum of $10,000." 2) A regulation issued by a court or government agency. 3) A legal principle set by a court's written decision in an appellate case, as "the rule in the case of Murray v. Crampton is …

Rule to Show Cause – Summons compelling a person to appear in court on a specific date to answer to a request that certain orders be modified or vacated.

Rules of court - A set of procedural rules adopted by local, state, or federal courts that instruct parties and attorneys what the court's mandatory procedures are about things like the time allowed to file papers, format of documents, filing procedures and fees, basis for calculating alimony and child support.

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Satisfaction of Judgment - paperwork by the judgment creditor that is filed with the

court acknowledging that a debt has been paid.

Sealed record - a record closed by a court to further inspection by anyone unless there is a court order to permit it.

Secured debt - A debt that gives the creditor the right to take property pledged as security for the debt (collateral) if the debtor does not pay. For example, a creditor can repossess a car if the debtor defaults on the car loan.

Seizure - The taking of physical evidence or property by law enforcement officials.

Seizure order – a court order (after motion) allowing a levying officer to levy on personal property in a private home.

Senior lien - The first lien or security interest placed on property at a time before all other liens, called junior liens.

Separate property - In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance, or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage -- and any property that the spouses agree is separate property.

Service - delivering the court paperwork to the person who is being sued.

Service by fax - Using a fax machine to deliver legal documents, which otherwise would be sent with a process server or served by mail. Service by fax is often specifically allowed by statute, and is followed by mailing an original (hard copy) of the document.

Service by mail - Mailing legal pleadings to opposing attorneys or parties, while filing the original with the court clerk, along with a declaration stating that the copy was mailed to a particular person at a specific address.

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Service by publication - Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to notify a defendant who is intentionally absent, in hiding, or at an unknown address. It's allowed only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real estate.

Service of Process – 1) The giving of formal notice to the defendant that a suit has been filed against him or her, made by certified mail, personal service, or substituted service; 2) The form used by the plaintiff to give notice to the defendant.

Session - 1) A meeting of a court, legislature, or other government body to carry out business. For courts, this is also called sitting. 2) The period of time during which such a body is gathered together and working, as in "the spring term," or "the court is in session."

Settlement - the parties coming to an agreement between themselves without involving the judge or jury.

Sheriff - The top law enforcement officer for a county, usually elected, who is responsible for police protection outside of incorporated cities, management of the county jail, and providing bailiffs for protection of the courts. The sheriff's uniformed police are called deputy sheriffs. A sheriff also handles civil activities like serving summons, subpoenas, and writs, conducting judgment sales, and fulfilling various functions ordered by the courts.

Sheriff’s sale - A sale of property seized by the sheriff pursuant to a court order in order to satisfy a judgment against the property's owner.

Skip – refers to the unknown whereabouts of a judgment debtor.

Statute - a law passed by Congress or a state legislature.

Statute of limitations – State laws that impose time limits within which a person with a claim must file a lawsuit to enforce that claim. A lawsuit filed past the statutory time limit can be dismissed if the time limit bar is raised by the debtor.

Stay order – A court order that suspends or stops certain proceedings.

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Stipulate – to agree to something; to give one’s consent.

Stipulated Judgment – an agreement between the parties to a case that settles a case. For example; if you and your spouse agree on all the matters of your divorce, you can submit a stipulated judgment to the court. The stipulated judgment must be signed by both you and your spouse, and will list your agreements about the division of the property and debts, child and spousal support, child custody and visitation. Once the stipulated judgment is signed y the judge, it becomes the judgment in the case.

Stipulation – an agreement relating to a pending court proceeding between parties or their attorneys.

Strike - An organized work stoppage by employees, intended to pressure the employer to meet the employees' demands (for example, for higher pay, better benefits, or safer working conditions). 2) For the judge to order that all or part of a party's pleading be removed or disregarded, typically after a motion by the opposing party. 3) For the judge to order evidence deleted from the court record and instruct the jury to disregard it. Typically, this order is made regarding testimony by a witness in court.

Summons - a notice telling the defendant that he or she is being sued and must appear in court.

Subpoena - an official order of the court requiring a person to appear in court to testify.

Subpoena Duces Tecum - a court order requiring a person to appear in court and bring certain documents with them.

Subrogation - A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off its injured claimant takes the legal rights the claimant has against a third party that caused the injury, and sues that third party.

Subsidiary - A corporation or other limited liability entity that operates under the legal authority of a larger "parent" corporation. Typically, a parent corporation owns a controlling interest in the shares of a subsidiary corporation, giving the parent the votes necessary to control who is appointed to the subsidiary's board of directors.

Substituted Service – service of process by delivering the court papers to someone other than the party, mailing copies to the party at that address, and complying with other statutory requirements.

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Substitution - Putting one person or thing in the place of another. For example, a substitution of parties takes place when a new party is named to take the place of a party who has died or is otherwise unable to continue as a party. Or, one attorney might substitute into a case to replace the attorney of record if, for example, the client fired the first attorney.

Substitution of attorney - A document in which a party to a lawsuit states that his or her attorney is being replaced by another attorney or by the party acting in propria persona.

Substitution of parties - A replacement of one of the parties in a lawsuit because of events that prevent the party from continuing with the trial. For example, substitution of parties may occur when one party dies or, in the case of a public official, when that public official is replaced or removed from office.

Summary judgment - A final decision by a judge, upon a party's motion, that resolves a lawsuit before there is a trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that there are no "triable issues of fact." Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for the opposing party to prevail if the matter were to proceed to trial.

Summons – a notice to a defendant or respondent that an action against him or her was filed in the court issuing the summons and that a judgment will be taken against him or her if the defendant or respondent doesn’t answer the complaint or petition within a certain time.

Supersedeas - (soo-per- seed -es) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.

Superior Court - The main county trial court in many states, mostly in the West.

Supreme Court - America's highest court, which has the final power to decide cases based on federal statutes or the U.S. Constitution, cases in which the U.S. government is a party, or in certain lawsuits between parties in different states. The U.S. Supreme Court has nine justices -- one of whom is the Chief Justice -- who are appointed for life by the president and must be confirmed by the U.S. Senate. Most states also have a supreme court, which is the final arbiter of the state's constitution and state laws. However, in several states, the highest state court uses a different name.

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Tangible personal property - Personal property that can be felt or touched. Examples

include furniture, cars, jewelry, and artwork. In contrast, cash and checking accounts are not tangible personal property. The law is unsettled as to whether computer data is tangible personal property.

Taxable Costs – costs of litigation that a prevailing party is entitled to recover from the losing party. The recoverable costs are set by statute and court rules.

TCPA – known as the Telephone Consumer Protection Act of 1991. The TCPA is the primary law in the United States governing the conduct of telephone solicitations i.e., telemarketing. The TCPA restricts the use of automatic dialing systems, artificial or prerecorded voice messages.

Temporary Judge – an attorney that volunteers his or her time to hear and decide cases. Also called a “pro tem judge.”

Third-party claim - a claim by the defendant against someone other than the plaintiff or another defendant, claiming that the third party is responsible for any judgment against the defendant for the plaintiff.

Till tap levy – a judgment enforcement procedure in which the levying officer makes a trip to a business and picks up the money in the cash register or cash box. Most counties now combine this procedure with a keeper.

Title Search - A search of the local public land records, usually made by a title insurance company before a purchase of a parcel of real estate, to see whether the current owner of the real estate actually has good title to the land. The search should turn up any easements, mortgages, tax liens, or other liens on the property. If the title search reveals a problem ("cloud on the title"), such as a break in the chain of title, inaccurate property description in a previous deed, or some old secured loan which has not been released, the problem will have to be cleared up before the sale can go through.

Tools of the trade - The items a person needs to pursue his or her occupation. Many state laws provide that tools of the trade are exempt property -- that is, they may not be seized by creditors or by the trustee in a bankruptcy case -- either entirely or up to a certain dollar amount.

Transcript - The official written record of all proceedings in a trial, hearing, or deposition, taken down by the court reporter. In most appeals a copy of the trial transcript is required so that the court of appeals can review the entire proceedings in the trial court.

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Trial court - The court that has original jurisdiction and holds the original trial where all the evidence is first received and considered.

Trial De Novo - A trial held on appeal, in which the appeals court holds a trial as if no prior trial had been held, considering the evidence anew rather than reviewing the lower court's decision for correctness. A trial de novo is common on appeals from small claims court judgments.

Trustee - The person (or business) who manages assets held in trust, under the terms of the trust document. A trustee's purpose is to invest trust assets and distribute trust income or principal to beneficiaries as directed in the trust document. With a simple probate avoidance living trust, the person who creates the trust is also the original trustee.

Turnover order – court order (after motion) requiring a judgment debtor to turn over specified property to the levying officer.

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UCC – Uniform Commercial Code

UCC Financing Statement - A standardized form that a lender files with a state agency (usually a Secretary of State) to secure an interest in personal property that the borrower used as collateral for a loan. Also called a UCC-1 Form.

Unearned income - income from investments, such as interest, dividends, or capital gains, or any other income that isn't compensation for services.

Uniform Commercial Code - A set of laws that govern commercial transactions (such as sales, warranties, negotiable instruments, loans secured by personal property, and other commercial matters) that has been adopted in some form in every state.

Unsecured debt - A debt that doesn't give the creditor the right to take a particular item of property if the debtor doesn't pay. Examples include credit card debts and medical bills. (Compare: secured debt)

UPL – an acronym for “Unauthorized Practice of Law”. A UPL violation is simply the unauthorized practice of law involving giving legal advise to clients, drafting legal documents for clients and representing clients in legal negotiations and court proceedings such as lawsuits.

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Vacate – to cancel or rescind a court order.

Valuable Consideration – See: Consideration

Venue – a county in which an action may be filed. In large counties, the county is divided into areas of court location. In that event, the action must be filed in a court located within a proper area of the court location within the county.

Voluntary bankruptcy - A bankruptcy case filed by the debtor. In contrast, an "involuntary bankruptcy" case is filed by the debtor's creditors.

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Wage assignment – a voluntary agreement by an employee to transfer (or assign) parts

of future payments to pay a debt.

Wage attachment – an involuntary transfer of a portion of an employee’s wage payment to repay a debt.

Wage earner plan – an arrangement for the repayment of creditors under bankruptcy court protection.

Wage garnishment – a judgment enforcement procedure that requires the employer of the judgment debtor to withhold a portion of the judgment debtor’s wages to satisfy the judgment. Also known as wage execution.

Waive – to abandon or give up a claim or a right or to forgive some other requirements. To forgive something, such as interest, court costs, part of a claim, or a deadline for payment.

Warrant – A written order issued and signed by a judge or judicial officer directing a peace officer to take specific action. Can be: (1) an arrest warrant—orders a peace officer to arrest and bring to the court the person accused of a crime to begin legal action; (2) a bench warrant—a judge's order to arrest and bring a person to court because the person has failed to appear in court when they were supposed to; (3) a recall warrant—an order to remove from Department of Justice and state police computers information about canceled warrants to avoid mistaken arrests; or (4) a search warrant—an order based on a finding of probable cause directing law enforcement officers to conduct a search of specific premises for specific persons or things and to bring them to the court.

Witness - a person who is called to court to testify on behalf of either party about what he or she personally knows about the facts of a case.

Writ of Attachment - A court order directing a sheriff (or other law enforcement officer) to seize property of a defendant that will satisfy a judgment against that person.

Writ of Execution - A court order to a sheriff to enforce a judgment, by seizing real or personal property of a judgment debtor, in order to obtain funds to pay the winning plaintiff the judgment amount. Also see “Fieri Facias”.

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Write-Off – an accounting move within a business that says the account is no longer listed as an account receivable. The creditor can still attempt to collect the account, either directly, through a debt collector or by a lawsuit. This is also known as a charge-off.

The Judgment Recovery Institute Vocabulary & Common Terms has been compiled from various legal sources and dictionaries found on the Internet.

The Judgment Recovery Institute takes no responsibility for errors and omissions.

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COMMONLY USED ABBREVIATIONS & ACRONYMS

AKA Also Known As AOA Acknowledgment of Assignment AOJ Abstract of Judgment CCPA Consumer Credit Protection Act CFPB Consumer Financial Protection Bureau CFR Code of Federal Regulations CRA Credit Reporting Agency DBA Doing Business As DL Driver’s License DOD Date of Death EIN Employer Identification Number FACTA Fair and Accurate Credit Transaction Act FCRA Fair Credit Reporting Act FDBA Formerly Doing Business As FDCPA Fair Debt Collection Practices Act FIFA Fieri Facias (Writ of Execution) FKA Formally Known As FOIA Freedom of Information Act FTC Federal Trade Commission GLBA Gramm-Leach-Bliley Act JC Judgment Creditor JD Judgment Debtor JE Judgment Enforcer / Judgment Enforcement JRS Judgment Recovery Specialist LLC Limited Liability Corporation LLP Limited Liability Partnership OJC Original Judgment Creditor SOL Statute of Limitations SSN Social Security Number TCPA Telephone Consumer Protection Act TIN Taxpayer Identification Number UCC Uniform Commercial Code UPL Unauthorized Practice of Law

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COMMONLY USED ABBREVIATIONS & ACRONYMS

USED WITHIN THE JUDGMENT RECOVERY INSTITUTE

AOA Acknowledgment of Assignment JRI Judgment Recovery Institute NOC Notice of Completion SID Student ID# TPPA Tuition Payment Plan Agreement SID Student ID# VC Virtual Campus

Documents

JUDGMENT RECOVERY INSTITUTEbestjudgmentrecoverycourse.com/VC-LobbyBH/Lobby_files/... · 2017-01-08 · bankruptcy. The automatic stay prohibits most creditor collection activities,