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.
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