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Judgment enforcement Tactics That Work
One of the most effective actions a creditor can take when trying to collect a judgment is a garnishment. Typically speaking there are two types of garnishments that can be filed, a wage garnishment which withholds funds from a debtors paycheck and a bank garnishment which freezes money in a bank account. While these can be use full tools knowing how to properly file these actions is necessary for a successful collection.
When other judgment enforcement remedies fail or assets cannot be located to enforce upon, creditors can file a debtors examination. A debtors examination sometimes referred to as a deposition in aid of execution is a hearing where the debtor is required to appear in court and testify under oath as to their financial condition. Prior to the hearing our attorney will provide a list of required items that the debtor is required to bring. If the debtor fails to bring these items, the court can hold them in contempt.
Writs of Execution
A common tactic imposed by creditors attempting to collect on a judgment is a writ of execution or a property levy. In different states these actions are referred to by different names but in essence they allow a sheriff or court officer in the debtor jurisdiction of the judgment to seize property to be sold or liquidated against the judgment.
When plaintiffs are trying to collect on a judgment, most follow the common enforcement methods such as a debtors exam, property levy or garnishments only to be stuck with nothing more then another bill from their lawyer. The truth is some cases require outside of the box thinking in order to get creditors creditors paid. While these tactics can be used in any situation, judgments against celebrities, musicians, politicians, athletes and other high profile individuals typically require these types of actions to yield a favorable result.