Judgment records in Vermont are official court records generated during civil proceedings held within the Vermont Court System. Generally, the Civil Division of the Vermont Superior Court maintains these records, which contain the final decision issued by a court for a legal dispute.
Vermont judgment records are considered public records and can be examined by anyone who submits a request, as per the Vermont Rules for Public Access to Court Record. The rules state that members of the public have access to all Vermont court records, except redacted records or records exempt from public examination for legal reasons. As a result, interested parties can request judgment records from the appropriate court's record custodian.
What is a Judgment?
A judgment is a court order stating that someone has prevailed in a lawsuit and is entitled to a certain amount of money or the fulfillment of an obligation. It identifies the party who owes money as the judgment debtor and the owed party as a judgment creditor. A judgment is valid only when issued by a presiding judge and will usually highlight:
- The amount of money that the creditor won.
- The accrued interest on the judgment.
Vermont Judgment Laws
Title VII of the Vermont Rules of Civil Procedure and Title 12 of the Vermont Statutes outline the state's judgment laws. These regulations govern the entry and execution of judgments in the state. They also highlight the procedures necessary for obtaining default judgments, summary judgments, declaratory judgments, and relief from judgments, among others.
What is Judgment Lien?
A judgment lien is a claim on a judgment debtor's property to ensure the satisfaction of a judgment. A judgment creditor can record this lien against a debtor's property at any time within the eight years following the entry of judgment. If the creditor wants to preserve the judgment lien, the party must renew it before the eight years expires.
To establish a judgment lien, the judgment creditor must obtain a certified copy of the judgment from the court clerk and submit it to the town clerk's office located in the town where the defendant owns real estate. There are fees associated with obtaining a certified copy of the judgment and recording the judgment in the land records. The laws governing liens in Vermont can be found in Title 9, Chapter 51 of the state's statutes.
What is a Vermont Summary Judgment?
In Vermont, the entry of a summary judgment is governed by Rule 56 of the Vermont Court Rules. A summary judgment may be issued if the pleadings, discovery, and affidavits establish that there is no genuine issue of fact and that the movant is entitled to judgment as a matter of law. Typically, a summary judgment brings a case to a quick conclusion. This is because if the judgment is granted, the matter will not proceed to trial. Instead, the judge will examine the facts presented to determine who wins the case.
Summary judgments rendered in Vermont can be whole or partial. When a court awards a partial summary judgment, it means that the court decided on the factual issues of some parts of the case without a trial and left the rest of the case for a full trial.
What is A Summary Judgment Motion In Vermont?
A summary judgment motion in Vermont is an application to the court by either party to a civil dispute requesting a ruling on all or some of the case's factual issues without a trial. Each claim or defense on which summary judgment is sought must be specified in the motion.
A Vermont summary judgment motion can be filed at any time until 30 days after the conclusion of discovery. When a motion is filed, the other party has 30 days to respond, which can be done by filing a memorandum in opposition, a statement of disputed facts, and an affidavit, if any. The court clerk can provide the necessary paperwork and affidavits for filing a motion.
Typically, each party must produce a separate and brief statement of undisputed or disputed material facts, consisting of numbered paragraphs and explicit citations of evidence to support their claim. The parties may also include depositions, records, affidavits, and other evidence. Then, the judge will review the facts and documents presented to render a decision.
Vermont Judgment Record Search
Interested parties can search for judgment records via the Vermont Judiciary Public Portal. The web portal offers access to extensive case information from the Superior Court's Civil Division. To use the portal, an individual must register for an account and pay a $12.50 fee. This fee allows the individual to perform five docket searches, name searches, and case abstracts, with no added costs.
Users can search using:
- A name, or
- Docket number
Users can also use filters provided on the portal to streamline search results. These include:
- Type of case
- Case number
- Case status
- Court address
- Booking number
- Attorney name and bar number
The public can also search for judgments using public access terminals located in courthouses across the state.
How Do I Look Up a Judgment In Vermont?
Judgment records are civil court records that are open to the public unless otherwise stated by the law. As judgment records are preserved by the court that hears the case (the Civil Division of the Superior Court), all record requests to look up judgments in Vermont must be submitted to that court. Inquirers can use the Find a Court tool on the state judiciary's website to locate the appropriate division.
Vermont judgment records are accessible in-person and online. However, the online database only contains case information and does not provide extensive information on judgment records. As a result, a requester must go to the courthouse in person to inspect the actual record or pay a small fee to copy the record.
In-person requesters must complete and submit the Request for Access to Court Records form and submit it at the appropriate court. If the request is declined, the requester can file an appeal.
What Happens if You Have a Judgment Against You in Vermont?
After a court issues a judgment in favor of an individual or business (the judgment creditor), the losing side (the judgment debtor) has 30 days to pay the judgment. If the debtor does not pay the judgment amount within 30 days, the creditor can take legal measures to secure payment. This can involve pursuing further legal action or seizing the judgment debtor's real or personal property.
As the seizure of property could be unpleasant for a judgment debtor, it is best to work out mutually beneficial payment terms with the creditor if one cannot immediately pay the full judgment amount. Also, the judgment debtor may save some property from being taken away as the law allows judgment debtors to claim various property exemptions.
How Do I Find Out If I Have Any Judgments Against Me In Vermont?
When a court issues a judgment, the debtor is usually notified of the development. Alternatively, someone who wants to find a judgment against them may contact the courthouse where the case was heard or check the internet database for judgment information.
How Long Does A Judgment Stay On Your Record?
Once a judgment is entered in a Vermont court, the information enters into the court's records database. This means that the decision will be kept on file indefinitely - at the very least for as long as is specified in the court's record retention schedule. A judgment might also be reported on a debtor's credit record and kept on file for at least seven years.
How To Enforce A Judgment In Vermont
When a judgment debtor fails or refuses to pay a judgment or follow any installment payment plan under it, judgment enforcement procedures are used to recover the owed sum. Typically, the approach the judgment creditor uses is the one best suited to their needs. Rule 69 of the Vermont Rules of Civil Procedure governs the enforcement of judgments in the state. Step-by-step instructions are also available on the Vermont Judiciary's website.
When a debtor does not pay a judgment willingly within the first 30 days, the creditor may compel payment via wage garnishment, requesting a financial disclosure hearing, or placing a lien on the debtor's property.
The Wage Garnishment or Trustee Process
Vermont's garnishment rules are outlined under Title 12, Chapter 121 of the Vermont Statutes (Sections 3166 to 3172). Suppose the defendant gets paid regularly and the creditor knows where they work. In that case, the creditor can petition the court to order the defendant's employer to deduct money from the defendant's paycheck to pay the judgment directly.
If payment is not made within the first 30 days, the judgment creditor can file a Motion for Trustee Process Against Earnings and pay the filing fee. The motion must include the name and address of the defendant's employer (the trustee). Within 14 days of the trial, a copy of this motion must be sent to the defendant and trustee (employer), along with a Certificate of Service.
Suppose the court grants the Motion for Trustee Process after the hearing. In that case, it will issue an order directing the employer on the amount to deduct from the defendant's paycheck, the frequency of deductions, and where the money should be sent.
The Financial Disclosure Hearing Process
A financial disclosure hearing may be beneficial if the creditor does not know where the defendant works or what property the defendant owns. It enables a creditor to inquire about the defendant's ability to pay.
After the first 30 days, the creditor may initiate the procedure by submitting a Motion for Financial Disclosure and paying a fee that can be waived on request. The defendant must receive a copy of the motion and the Certificate of Service for a hearing to hold
After service, the clerk will schedule a hearing and send the defendant a hearing notice, as well as a financial disclosure form. During the hearing, the judge can order the defendant to pay immediately or via installments. If the judge finds that the defendant has the means to pay but fails to do so, the creditor may request that the defendant be held in contempt.
The Judgment Lien Process
If the judgment debtor has real estate in Vermont, the creditor can record a judgment lien against it. Any creditor who wishes to retain the judgment lien after eight years can renew it.
How To Collect A Judgment In Vermont
Because there are multiple methods of collecting a judgment, a creditor is urged first to consider the defendant's finances, willingness to pay, the time and money they may have to put into collecting the judgment, and the list of exemptions that may influence their ability to collect. Fortunately, a judgment is valid for eight years in Vermont. Hence, the creditor has plenty of time to figure out which strategies are most effective.
Furthermore, if the creditor has not received payment towards the expiry of the eight-year limit, the individual can file a new action with the court to prolong the judgment for another eight years. However, the action must be filed before the initial eight years are up. Once the judgment is satisfied, the creditor must notify the court by filling out a notification form.
What Happens if a Defendant Does Not Pay a Judgment in Vermont
A judgment does not simply ask a debtor to pay a debt. It also empowers the creditor to collect the debt with or without their cooperation. This may involve dealing with invasive but lawful execution procedures, such as the seizure of real or personal property and wage garnishments.
As a result, judgment debtors are advised to make every effort to pay judgments within the first 30 days of receiving them.
What Personal Property Can Be Seized in a Judgment in Vermont?
In general, a judgment debtor's personal property can be seized and sold to collect a judgment. However, some state laws protect some of a debtor's property and income from creditors. These exemption laws allow a judgment debtor to keep certain property and income required to survive. Some examples of exempt property in Vermont include:
- Cash or bank deposits of up to $700
- Primary residence worth up to $125,000
- Automobiles valued at up to $2,500
- Up to $5,000 in professional equipment and stationery
Vermont Judgment Interest Rate
Judgments entered in Vermont accrue interest at a rate of 12 percent per year (Title 12, Chapter 113 of the Vermont Statutes). Interest begins to accumulate from the date the court enters the judgment until the date the judgment is paid in full.
What is a Default Judgment?
Parties to a lawsuit have a set amount of time to respond to a complaint or appear in court after being notified. Suppose the defendant does neither, and the time limit expires. In that case, the court may issue a default judgment against them at the plaintiff's request. Typically, this judgment awards the plaintiff the damages or compensation mentioned in their claim.
Despite a defendant's failure to respond to a claim in Vermont, certain criteria must be met before the court enters a default judgment against the party. These include:
- The defendant was adequately notified yet failed to appear in court.
- The defendant is of legal age (18 years and above).
- The defendant is not underage or incompetent, or a guardian or conservator must represent the minor or incompetent party.
- The plaintiff's claim must be affirmed by computation.
- The plaintiff must provide an affidavit based on personal knowledge that details the liabilities and damages.
How to File a Motion To Set Aside Default Judgment in Vermont
A defendant can ask the court to reverse a default judgment in Vermont by filing a motion to set aside the judgment. The court will only rescind the judgment if the moving party can demonstrate the following:
- An error or justifiable negligence (e.g., accident)
- Discovery of new evidence
- Fraud or misconduct of parties in the case
- The judgment is void
- The judgment has been cleared or discharged
- Any other valid reason to rescind the ruling
This motion must be filed as soon as possible, usually within a year of the judgment's entry.
File Motion To Vacate Judgment in Vermont
It is essential to note that the terms "set aside a default judgment" and "vacate judgment" refer to canceling or reversing a court's decision in Vermont. As such, the applicable court procedures are identical.
An interested party can file a motion requesting that the court set aside or vacate a judgment by obtaining, filling out, and filing the proper form with the court clerk. This motion will be served on the other side, and a hearing will be scheduled.
How To Remove An Abstract Of Judgment In Vermont
In Vermont, an abstract of judgment creates a judgment lien that can be attached to a judgment debtor's real property to ensure that a judgment is paid. The simplest and most obvious way to get an abstract of judgment off real estate is to pay the judgment. If the debtor pays up, the creditor can remove the lien by filing a Satisfaction of Judgment with the court and a release in the county where the lien was registered.
A debtor who cannot afford to pay a judgment may pay the creditor through the sale or transfer of their property. However, if the judgment debtor believes the judgment is unfair or the lien was established illegally, the party may petition the court to vacate the judgment or remove the lien.
How Long Is a Judgment Good For In Vermont
A judgment entered in a Vermont court is valid for eight years after its entry. This judgment can also be renewed. It is necessary to file a motion to renew or revive a judgment within the eight-year deadline. This can be done by commencing a new action to collect the unpaid judgment.
Vermont Judgment Statute of Limitations Laws
Under Title 12, Chapter 23 of the Vermont Statutes, there is an eight-year limit for foreign and domestic judgment collection and renewal actions. If the judgment creditor fails to enforce or renew the judgment within the specified time, the judgment becomes void. This releases the judgment debtor from any further obligation.
