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Judgments

Judgments. Act quickly?. Most states, the order of judgment remains in effect for 10 years If not renewed, it expires and becomes a “nullity.”. Type of Judgment. Money damages? Equitable remedy? Judgment Debtor Judgment Creditor Entered into court’s “Judgment Book”

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Judgments

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  1. Judgments

  2. Act quickly? • Most states, the order of judgment remains in effect for 10 years • If not renewed, it expires and becomes a “nullity.”

  3. Type of Judgment • Money damages? • Equitable remedy? • Judgment Debtor • Judgment Creditor • Entered into court’s “Judgment Book” • Interest allowed! But must be incorporated into judgment itself

  4. Offer of Judgment • Made at least ten days before trial • Party believes opposing party is entitled to damages, so offers to have judgment entered against him/herself! • Must include all accrued costs

  5. Equity • Direct party • to convey land • return property • perform a service • Cease an activity • And anything else that is not just money!

  6. Execution and Attachment • A free floating lien against judgment debtor’s property • It allows state seizure • But of what and for whom?

  7. Writ of Execution • Direction to executive branch • Usually sheriff • Locate, seize and sell • Usually public auction • Subject to short holding period • Allows right of redemption

  8. Posting of Bond • Judgment creditor may be required to post a bond protecting the judgment debtor against errors

  9. Sheriff don’t work for free • Sheriff’s costs for investigation, seizure and auction are added to judgment

  10. Other remedies • Arrest • Attachment • Garnishment • Replevin • Sequestration • Levy • Trespass and Trover • Detinue • More on this later…

  11. Statement of Assets • SC-133 example • Within 30 days of Notice of Entry of Judgment… • Contempt? • Willful? • Get Order of Examination

  12. Order of Examination • Oder debtor to appear in court and answer questions about income and assets • When in court… • Frisk him! • Creditor can ask debtor to turn over any cash in his or her possession! (“Turnover Order”)

  13. Hide and Seek • Supplementary Proceedings • Interrogatories and interrogation concerning assets, properties, locations and earnings, employment. • Debtor may be incarcerated if uncooperative!

  14. Wages • Creditor can collect up to 25% of net wages… • If low income, this may not be possible… • What if another creditor got there first?

  15. California’s Debtors Exemption • Up to $150,000 in equity of home for age 65 or older, disabled, or 55 with low income! Families may have $75,000 exemption, all others $50,000 • Most furniture and appliances • Most clothing • Motor vehicles up to $2,550 • Personal jewelry, heirlooms and art up to $6,750 • Public Benefits (welfare, Soc Sec, Work Comp) • School financial aid • 403(b) and similar retirement accounts… unless “excessive”??? • Most pensions!

  16. Business Assets • Bonded Business? Bingo! • Commercial vehicle, up to $4,850 safe • Sheriff can “tap the till” • Watch till for 8 hours and take money • Till watcher can cost $1,000 a day!

  17. Own, Rent, Borrowed • Finding out who owns what can be tricky! • Shared titles • Life Estates • LLC • Partnerships • Married or joint habitation?

  18. Stocks, Bonds, Mutual Funds • Securities • If not part of a retirement plan… • Depends on who holds the certificates… • Third party claim against the brokerage!

  19. Lien, Lien, Lien and Wait • Put liens on any real estate and wait for a sale, then collect beyond equity limits… if any.

  20. Transfer of Judgment • A judgment can be transferred to another jurisdiction, but action can be opposed and require a hearing. • Claim they paid it • Contest validity • Contest jurisdiction

  21. Settlements, Releases • General Release • Partial Release • Partial Settlement with Comparative Fault • High-Low Releases • Covenants not to Sue • Consent Judgment against insurer • Structured settlements • Minor’s settlements

  22. Dismissals • Voluntary • Court-Ordered • Stipulated

  23. Appeals • Record of Appeal • Appellant’s Brief • Notice of Appeal • Amicus Curiae • Oral Argument • Motion for Rehearing • Appeal to higher court • Order of reversal or new trial

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