Judgments

A judgment is the court's formal and final decision resolving the legal rights and obligations of the parties in a case. Courts issue judgments after evaluating evidence, applying relevant laws, and finalizing verdicts or motions, giving legal effect to the outcome.

In civil cases, a judgment determines liability and the remedies awarded, such as monetary damages or injunctive relief. In criminal cases, it represents the formal conviction or acquittal of the defendant and the imposition of any sentence, including imprisonment, fines, or restitution.

Judgments differ from verdicts and orders. A verdict represents the decision made by a jury or judge on the facts of the case. An order, on the other hand, is a directive enforcing or clarifying a judgment. A judgment finalizes the dispute, transforming the decision into a binding, appealable, and enforceable resolution, marking the official closure of the case.

How Judgments Are Issued

Judgments are issued at the conclusion of a case after the court has reviewed all evidence, pleadings, motions, and applicable laws.

In both civil and criminal proceedings, cases typically move from the initial filings and discovery to trial or settlement, culminating in a formal entry of judgment by the court clerk. In civil cases, a judgment may result from a jury verdict, a judge's decision in a bench trial, a ruling on a dispositive motion, or a negotiated agreement between the parties. For criminal cases, a judgment is issued after a plea or conviction and becomes final at the time of sentencing.

• Bench judgment: A bench judgment is a ruling made by a judge after a bench trial, in which the judge serves as both fact-finder and arbiter of law.

• Jury Verdict: A jury verdict forms the factual foundation of a judgment, with the judge entering the final legal decision based on the jury's findings.

• Default Judgment: A default judgment is entered when a defendant fails to appear or respond to a complaint, allowing the court to rule in favor of the plaintiff without trial.

• Summary judgment: The courts grant a summary judgment when the court determines that no genuine factual dispute exists and one party is entitled to judgment as a matter of law, avoiding the need for trial.

• Consent or Stipulated Judgments: Parties may also agree to consent or stipulated judgments, which are mutually accepted resolutions approved by the court. They carry the same binding effect as litigated judgments.

Once it is issued, a judgment becomes enforceable through mechanisms such as wage garnishment, liens, or contempt proceedings.

Types of Judgments in the U.S.

Judgments vary based on the nature of the case, the relief sought, and the court's determination of rights and liabilities.

• Civil Judgments: Civil judgments address disputes between private parties and typically include orders for debt repayment, damages, eviction, foreclosure, and family-law matters.

  • Debt and damage judgments establish that the defendant owes a specific monetary amount, including interest and costs.

  • Eviction judgments award the landlord legal possession of the property and may also require the tenant to pay any unpaid rent.

  • A foreclosure judgment authorizes the sale of collateral property to satisfy defaulted loans.

  • Family-law judgments govern divorce decrees, custody, support, and maintenance, with monetary aspects enforceable as civil debts and non-monetary provisions upheld through compliance or contempt proceedings.

• Criminal Judgments: Criminal judgments represent the formal decision of guilt or acquittal following a conviction or plea. They include sentencing orders, which impose imprisonment, probation, or fines, and restitution judgments, which require offenders to compensate victims for financial losses. A criminal judgment can have lasting legal consequences, such as the loss of certain civil rights and the continued visibility of the conviction in criminal history checks.

Judgments may be classified as monetary and non-monetary judgments.

• Money Judgments vs. Non-monetary Judgments: Monetary judgments order the payment of a specific sum, enforceable through liens, garnishments, and executions. Non-monetary judgments involve declaratory or injunctive relief.

  • Judgment Liens and Wage Garnishment Orders: Judgment liens attach to real property to secure payment, affecting title and property transactions. Wage garnishment orders direct employers to deduct a portion of the debtor's earnings towards judgment satisfaction.

  • Declaratory Judgments and Injunctive Relief: The courts may issue declaratory judgments, clarifying the legal rights and obligations of parties without awarding damages. Injunctive reliefs, on the other hand, compel or prohibit specific conduct to prevent harm.

Post-Judgment Process

Once a court issues a decision, the entry of judgment is recorded in the official court docket, marking the judgment as legally enforceable. This entry serves as a public notice, enabling the prevailing party to pursue enforcement if payment or compliance is not made voluntarily. The docket entry identifies the parties, specifies the relief granted, and establishes the judgment's enforceability under federal or state rules.

Most monetary judgments accrue interest from the entry date until fully paid. Interest on judgments accrues from the date of entry at a rate set by federal or state law. This interest compensates the creditor for payment delays and continues to accumulate until the judgment is fully satisfied.

Federal courts apply the Treasury yield rate under U.S.C. § 1961, while state courts set their own fixed or variable rates. The statute of limitations for enforcement varies by jurisdiction, ranging from 5 to 20 years. Federal judgments are enforceable for 20 years, renewable upon expiration, while dormant judgments may be revived through statutory procedures.

Once the debtor fulfills all obligations, the creditor must file a Satisfaction of Judgment with the court, formally acknowledging payment or compliance. This filing releases the debtor from further liability and clears any liens associated with the case.

How Judgments Are Enforced

Judgments are enforced through various legal mechanisms designed to ensure compliance with court orders.

• Judgment Liens: One common method of enforcing judgment is to place judgment liens on a debtor's real estate, preventing its sale or transfer until the debt is paid. Some states allow liens on personal property filed with the Secretary of State, subject to homestead and statutory exemptions.

• Wage Garnishment and Bank Levies: In wage garnishment, creditors may collect directly from third parties. Employers may be ordered to withhold part of a debtor's disposable income, typically capped at 25% under federal law or less under state law. Similarly, financial institutions may freeze and release nonexempt funds in bank accounts to satisfy a judgment. However, certain benefits and essential income remain exempt by statute.

• Property Seizure and Sheriff's Sale: In more serious cases, courts may permit property seizure or a sheriff's sale. Creditors obtain a writ of execution authorizing sheriffs to seize and sell nonexempt property through public auction.

• Judgment Enforcement across State Lines: When enforcement involves assets or defendants across state lines, the Full Faith and Credit Clause ensures that valid judgments are recognized and enforceable. Creditors must domesticate the judgment locally before using state-specific enforcement procedures and exemption laws.

Public Access to Judgment Records

In most jurisdictions, civil judgment records are publicly accessible, allowing individuals to verify case outcomes and enforcement actions. However, certain judgment records are sealed or restricted, including those involving minors, protective orders, or sensitive personal information. Additionally, criminal judgments involving juveniles or sealed cases remain confidential by statute, while expunged or vacated convictions are removed from public access.

How to Search Judgment Records

Searches for judgment records can be done either online or offline, depending on the court's jurisdiction and the type of record being requested.

Online Access

Most states offer online court portals that allow users to view both civil and criminal judgment records. Examples include the New York Unified Court System's eCourts/eTrack and the Texas Appeals Management and eFiling System, which allow searches by party name, case number, or filing date. While basic docket details are usually free, fees may apply for downloading full-text PDFs or certified copies.

For federal judgments, access is available through Public Access to Court Electronic Records (PACER), the official online system for U.S. District, Bankruptcy, and Appellate Courts.

Additionally, many county-level portals provide local civil and criminal judgment information.

Third-party databases also provide and expedite multi-jurisdiction searches. However, such services may charge fees and vary in accuracy due to delayed updates or incomplete data..

Offline Access

To obtain certified or historical judgment records, visit the county court clerk or recorder of deeds where the case was filed. Bring information to locate the record, such as party names, case number, and filing year. Some counties require valid identification to retrieve judgment records.

Request forms typically specify whether a plain or certified copy is needed; certification includes a raised seal for legal use. Fees are charged per page, with additional costs for certified copies.

Mail-in requests should include a self-addressed stamped envelope, the fees, and the exact record details. The cost to obtain judgment records by mail is payable via money order or cashier's check. Processing times vary, depending on jurisdiction.

Common FAQs About Judgments

Here are answers to questions commonly asked about judgments.