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.

 

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Articles on Judgment Collection - Articles on creditor-debtor law written by Jay Adkisson for his popular Forbes.com column

About Jay Adkisson - Abbreviated background of the creator of this website and Jay's contact information.

 

  • JUDGMENTS - Overview of judgments as they relate to judgment enforcement.

 

  • Private Investigation - Non-judicial methods of investigating the debtor's assets and affairs, including database searches and the use of private investigators.
  • Written Discovery - Some states allow for written discovery to be propounded to a debtor, which is a good way to start accumulating information from the debtor, or at least what the debtor claims is his assets.
  • Debtor Examinations - The traditional way of obtaining information from a debtor, which is to haul them into court, sit them down at a table, and ask questions point-blank about assets and income.
  • Third-Party Examinations - Means of obtaining discovery from third-parties about the debtor's assets and affairs.

 

  • Judgment Liens and Abstracts of Judgment - Ways of freezing assets so that they cannot be easily transferred away pending execution.
  • Writ of Execution - This document authorizes the Sheriff to make collections on behalf of the debtor, and some other stuff.
  • Writ of Garnishment - Used to collect wages and against income streams in some states.
  • Writ of Levy - The remedy that allows the Sheriff to grab the asset and auction it off on the courthouse steps.
  • Charging Orders - The "exclusive" remedy against a debtor/member's interest in a partnership, limited partnership, or limited liability company.
  • Assignment Orders - An order used to intercept income streams, such as advertising revenues, royalty payments, etc.
  • Creditor Suits - Actions taken against a third-party who has possession of an asset that is still titled in the name of a debtor, or who has violated some other enforcement process.
  • Receivers - Often the end-game strategy to take a difficult debtor down, by having the court appoint a neutral with all the powers of the debtor, such as to sell season football tickets, or dissolve corporations.

 

 

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

For Past Articles click here

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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