Abatement of nuisance; enforcement of judgment
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In this response, I intend to give legal information, not legal advice. For legal advice, you must consult an attorney who is licensed to practice law in your state, is free of any conflict of interest, and is available to meet with you regarding your situation.
You express three concerns: first, you complain (justifiably I think) about your neighbors use of the unimproved lot adjacent to your residence - in law, the manner in which your neighbors use their property is known as a nuisance; second, you state that you have an unsatisfied judgment against those very same neighbors, and that the neighbors - your judgment debtors - haven't paid the judgment; third, you complain (unrealistically I think) about the city's alleged failure to curb your neighbor's behavior.
NUISANCE LAW & DEFINITION. In legal terminology, a nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and many other activities.
If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. Public nuisance abatement is governed by local laws, which vary by jurisdiction. For example, some nuisances, such as accumulated trash, may be resolved by filing a complaint with the local health department. Local laws often provide for notice to the person responsible for the nuisance and civil penalites if the nuisance isn't abated within a defined time period. Common concerns that are subject to abatement are tall grass, noxious weeds, junk vehicles, and unconfined garbage on private property. Other areas define a public nuisance as any real property or vehicle where criminal activity occurs. The activity can include drug violations, gambling, sex offenses, weapon offenses, gang activity, noise offenses, and disturbing the peace. Local laws should be consulted for applicable requirements in your area.
JUDGMENTS LAW & DEFINITION. A judgment is the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment. This is distinguished from an "interlocutory judgment," which is only valid until a final judgment is made. It is a court’s final decision regarding the rights and obligations of the parties to a case. A judgment is also referred to as a decree.
There are certain legal requirements for the validity of a judicial judgment. It must be made by a competent judge or court at a time and place appointed by law and in the form it requires. For example, if the judge does not have jurisdiction of the matter, or does not hold a required hearing or present the required opportunity for a party to be heard, then any judgment rendered may be overturned. The judgment must confine itself to the question raised before the court and cannot extend beyond it. If the judgment is appealed, the appellate court generally reviews the law applied by the lower court, and will not disturb the factual findings.
The person who obtains a civil judgment for money is called a judgment creditor and the person who owes money on the judgment is called the judgment debtor. If the judgment debtor fails to pay the judgment, the judgment creditor may file a judgment lien and have the judgment debtor's assets sold to pay off the judgment. Local laws on procedures used to collect unpaid vary, so laws in your area should be consulted for specific requirements.
JUDGMENT LIEN LAW & DEFINITION. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances. For example, if a person negligently injures someone in an accident, the injured person is likely to sue for damages. If the insurance doesn't cover the judgment, a judgment lien may be placed against the negligent person's property to secure payment of the claim to the injured party.
If the debt is not paid, the judgment creditor can then seek to enforce the judgment by garnishing wages, seizing a bank account, or placing a lien against the debtor's property. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt. If a lien were placed on a home, the judgment creditor would then seek to foreclose on the property, in the same way a mortgage holder such as a bank would foreclose if it were not paid.
Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted for specific requirements. The following is an example of a state law (Oregon) dealing with judgment liens:
"ORS 18.360 Expiration of judgment and lien; renewal; judgment in criminal action; judgments for property division. (1) Except as provided in this section and ORS 25.700, whenever a period of 10 years elapses after the entry of a judgment in a circuit court, the judgment and any docketed or recorded lien thereof shall expire. However, before the expiration of 10 years the circuit court for the county in which the judgment originally was entered, on motion, may renew the judgment and cause a notation in the register and the judgment docket indicating the renewal of the judgment to be made. The renewed judgment and any lien thereof expire 10 years after entry of the renewed judgment. If the judgment is renewed, the judgment creditor or the agent of the judgment creditor may cause to be recorded in the County Clerk Lien Record of any other county in this state a certified copy of the renewed judgment or a lien record abstract. Execution may issue upon the renewed judgment until the judgment expires or is fully satisfied."
JUDGMENT DEBTOR LAW & DEFINITION. A judgment debtor is a losing defendant in a lawsuit who owes the amount awarded in the judgment to the winner. The term is typically applied to a person who fails to pay the amount of the judgment they owe. An unsatisfied judgment is often noted in a credit report on a judgment debtor issued by various credit reporting agencies.
The property of the judgment debtor is subject to lien, execution and levy by the judgment creditor. There are procedures, which vary by jurisdiction, for locating the assets of a judgment debtor and then attaching their assets or garnishing their income. Such procedures usually involve serving the judgment debtor with a written set of questions (interrogatories) or a verbal questioning under oath (deposition).
JUDGMENT-PROOF LAW & DEFINITION. Judgement proof refers to a debtor who has little or no assets for a creditor to seek payment of a judgement from. In some cases, a person threatened with or subject to potential litigation may make themself judgment proof by diverting his/her assets into holdings that can't be reached by local courts, such as investing their money offshore through offshore trusts and IBC's (International Business Corporations).
Fundamentally, if you want payment on your judgment against the judgment debtors, you must enforce that judgment. You should see a lawyer regarding enforcement of that judgment, as that is very much a legal endeavor that must be done in accordance with the law of the State in which either the judgment was rendered or in which the debtor resides.
CITY OF ROME, GEORGIA. Lastly, you complain that the city has done nothing to curb your neighbor's behavior. There are several plausible reasons why the city may have taken no legal action against your neighbors: (1) the city has done nothing against your neighbors personally because they have committed no crime; (2) the city has taken no action against your neighbors' property either because the city has no nuisance law or the city lacks the resources needed to enforce its nuisance law, if any; (3) the city has observed your neighbors use of their property and has concluded that no nuisance exists.