Sometimes, to attempt to get a judgment paid, you require to deliver in the debtor for a debtor’s examination. Other times, you might want to bring in the spouse, business companion, or employer of your debtor as 3rd events, to collect info about the debtor that might lead to getting your judgment paid. I am a Judgment Broker, not a lawyer, and this post covers what I have carried out in California for judgments that I owned. The techniques are comparable in other states.
When two parties disagree on a financial debt, the creditor goes through the court method and information a complaint. This complaint is the discover to the courtroom there is a disagreement. The complaint includes the purpose for the creditor’s actions to seek court adjudication (award them the cash). At this point the whole situation has become a lawsuit.
Now, if you’re really stupid like I was, and you ignore that as well, the next step might extremely well be that you wake up 1 early morning to find your bank account has been garnished and you have completely no cash in your checking or savings account – not 1 red cent. And, the problem is, you now have no location to place your money. The garnishment will tie up your bank account for at minimum 2 months. Any money you deposit into that account throughout that time period will go to fulfill the court judgment towards you. You won’t be in a position to create checks or use your ATM card and, if you had any transactions that hadn’t cleared the financial institution yet when the garnishment strike, you will also have inadequate money charges to deal with – not only with your financial institution, but with the companies you made buys from.
If they succeed on a motion to vacate, you lose the judgment, and have to start more than with a new trial. The most important problem a decide considers on a motion to vacate, is the evidence of service.
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After the financial institution levy, the bank sends the judgment debtor’s money to the Sheriff, and the Sheriff then retains the money for adequate time to insure that no claims of exemptions have been submitted. Then, the Sheriff pays the creditor (deducting their small fee to create a check) and eventually returns the original writ to the court, displaying their accounting of any cash levied and paid out to the creditor.