An Overview of Creditor-Debtor Law and Judgment Enforcement Techniques

 

CAUTION STATE LAW VARIANCES ! ! !

Judgment enforcement law is about as non-uniform

between the various states as any body of law.

 

Collecting Default Judgments

Default judgments are those taken where a defendant failed to timely respond to a Complaint or Petition, and so the Court then entered a judgment against the defendant anyway, often after a "Prove-Up Hearing" where the Plaintiff puts on evidence of damages.

 

Default judgments are worth no more than ordinary judgments, and often much less. The reason is that default judgments are notoriously easy for defendants to set aside, usually because the defendant will claim that he was never served with a copy of the Complaint in the first place. In the first year, many judges will set aside default judgments for just about any old reason, thinking that it is "no harm, no foul", and the case can proceed normally. After the first year, default judgments can be set aside for some period of years (three seems to be common) if the defendant can show that service was defective based upon the court records prior to the default being entered (a/k/a the "Judgment Roll").

 

This places the creditor in a quandry: Does the creditor wait a year until enforcing a default judgment, but risk the debtor dissipating assets? Or does the creditor begin collections, and risk that the defendant will get the default set aside?

 

The better practice for creditors is usually to begin collections and draw the debtor out early to either get the default set aside or not. But this depends on a lot of factors, such as the quality of the service of process, how close the case is to being one year from the judgment, and what the cost would be to litigate the case ab initio.

 

Recent Articles by Jay Adkisson on Creditor-Debtor Law

 

2016.8.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva

2016.7.24 … Sham Mortgage Loan Flops In Pivaroff

2016.7.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court

2016.6.12 … How Olins' Antique Collection Led Him To Prison For Cheating Civil Creditors

2016.4.30 … 529 Savings Accounts Not Exempt In California Under O'Brien

2016.2.28 … Repatriation Order for Offshore Assets Denied in Lewis

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© 2017 by Jay D. Adkisson. All rights reserved. The materials herein may not be produced in full or in any part without the express, written permission of the author. No claim to original U.S. government, state or local works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction.  This site http://www.collectingonajudgment.com  Contact Jay Adkisson by phone to 702-953-9617, by fax to 877-698-0678, or by e-mail to jay [at] jayadkisson.com