Enforcing a Judgment can play out in different ways, but the simplest is to retain our firm to handle the process for you.
Enforcement requires attempting to collect, getting the Judgment before the right judge, and then convincing the judge to apply assets to the Judgment. Or it can be handled through settlement negotiations, the avenue we believe to be the most beneficial the most often.
To begin the process of enforcement, the Judgment Creditor must Execute the judgment against the Debtor’s assets in the county where the Debtor resides and deliver the execution to the county’s Sheriff . On occasion, the Sheriff will successfully obtain assets in this stage, but this is not the most effective means. The biggest impact of the Execution is that it allows the Creditor to initiate discovery, granting the power to issue Subpoenas, Depose parties, and other actions that lead to increased knowledge about the Debtor and their assets.
If the Execution is not sufficiently fruitful to satisfy the Judgment, the Creditor will be able to request the court move the enforcement matter before a special judge (a Master in Equity or Special Referee) to pursue Supplemental Proceedings. In such Proceedings, the Creditor points out assets the Debtor owns and why they are available for the Creditor to take them. The Debtor must show why their assets shouldn’t be applied to the Judgment, or else lose them.
Instead of, or more often alongside, such litigation to enforce, the parties can also enter negotiations to settle. If a line of communication with the Judgment Debtor can be opened, it is often possible for the Creditor and Debtor to settle the matter. We strive to use this route as often as possible, as it significantly cuts down on the costs and time of litigating through to the end. Working both paths together can lead to good information and leverage in the situation, leading to successful collection, decreased costs, and less time wasted.
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