PDA

View Full Version : Collecting Default Judgement


hyeree91784
Jun 8, 2010, 01:09 PM
I was recently lawsuited by previous landlord of the business I had. I sold that business in 2006.
Because the new owner had breeched the lease contract that I assigned to him, the landlord lawsuited me. The landlord lawsuited the new owner, the newowner didn't responed to summon. So the landlord suited me with new owneragain. After a year long, I settled the case with my lawyer's help to avoid being liened my property and keep my credit. My lawyer lawsuited the cross complaints against the new owner and got Default Judgement from the Judge in April, 2010.
Since my lawyer doesn't handle the post lawsuit, I now have to handle collecting my damage from my plaintiff the amount of $91,994 that was ordered by Judge.
Please let me know step by step what I have to do if someone knows.
Thanks for your helping.

AK lawyer
Jun 8, 2010, 02:09 PM
1. Record the judgment. This will create a lien against any real property the judgment debtor owns or will own in the jurisdiction in which you record it.

2. Apply to the court from which you got the judgment for a writ of execution (to seize real and personal property), including bank accounts, and possibly for a writ of wage garnishment as well. The terms and procedures may vary, depending upon your jurisdiction.

3. Locate non-exempt property the judgment debtor may own. One way to do this is to schedule a judgment debtor examination, at which time you would be able to ask the debtor questions, under oath, regarding his financial condition and any property he may have.

4. Have a process server "levy" upon property you find, with the writs you have obtained.

That's it in a nutshell. I'm surprised that your attorney refuses to handle judgment collection. Did he tell you this in advance?

hyeree91784
Jun 8, 2010, 04:32 PM
Thanks for quick answer.
My lawyer didn't tell me inadvance.

AK lawyer
Jun 9, 2010, 05:35 AM
Sort of like an attorney agreeing to take a case, but when time comes to go to trial, saying "Oh, didn't I tell you? I don't do trials." :)