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How Post Judgment Receivership & Collection Works

When you are focused on winning your lawsuit, it can be easy to forget about the challenge that comes after successful litigation: actually collecting on your judgment amount. Few things are more frustrating than winning a judgment but realizing that getting your money is going to be nearly impossible. 

Money Judgment Collection: Wage Garnishment

In the last post on this topic, I suggested that the judgment creditor first try asking the judgment debtor to pay the amount to satisfy the judgment. If getting the debtor to satisfy the judgment willingly is out of the question, it is time for the creditor to assess the debtor’s assets. In the best scenario, the creditor has some knowledge of the debtor’s assets and finances, even if only in a very general sense. For example, if the creditor knows the debtor is currently employed, then they can try to garnish the debtor’s wages.

Collecting money without judgment debtor asset information

So a court has entered a money judgment in your favor against a debtor- you’ve won, right? While obtaining a judgment is the first step in the process of collecting on a debt, it is unlikely that the judgment debtor is simply going to hand the money over. However, asking the judgment debtor to pay the amount due is probably the best way to start the collections process, before you expend any money or time in the other collections processes, which can be complicated. Moreover, this is the best way to start if you do not have any information about the judgment debtor’s assets.

Litigation: Complaints, Answers, Discovery, Trials, and Judgments

I am asked on a daily basis by potential clients, "how does a lawsuit work?"  As I begin to explain the dry, meticulous, and laboring process...I am typically abruptly cut off with the next question, "how long does all that take?"  In typical lawyerly fashion, my response is, "it depends."

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