Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?
Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?
In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any type of language or writing that can be included or presented to the signee of the document at signing that in the case of default allows the lender to skip courts\ fast track the court system (winner) because the signee, initially already agreed to the full terms and conditions of the contract?
Things like if this agreement should be violated, you the signee agree to cover all court and legal fees for the lender.
Should this agreement fall into default then the signee can be subject to garnishement of wages or income tax, signee agrees that should this occur signee agrees to accept the conditions for granishment, not to contest if a court order decision is necesssary to make official.
A: You can include any language you want in the contract. But in order to garnish wages or attach an account you have to have a judgment. That requires an action filed in court.
A: Fortunately what you propose would not be enforceable. It takes a judgment to garnish wages and due process requires notice to the defendant. Under your theory, a plaintiff could file suit 10 years past the statue of limitations and the defendant could do nothing about it. Or worse, under your theory you could be judge or jury and decide that the defendant breached the contract and nab the defendant’s wages or bank account without giving your opponent a fair chance to prove that you are wrong.
I understand your motivation, but the consequences would be unjust.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.