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Creditors' Rights Litigation in State and Federal Courts
Judgment Collection
&
Judgment Enforcement Litigation
Satisfying a Judgment
Generally, a judgment creditor may cause a judgment debtor’s assets to be used to satisfy a judgment. Except as otherwise provided by law, all property of the judgment debtor - real and personal - is subject to enforcement of a money judgment.
Bank Account Levies
One of the most straightforward ways a judgment creditor can satisfy a judgment with a judgment debtor’s assets is by seizing money from a judgment debtor’s bank account. By filing the appropriate documents with the court and serving the appropriate documents on the bank and the judgment debtor, a judgment creditor may freeze a judgment debtor’s bank account and then have the money in the bank account applied to satisfy the judgment. Seizing money from a debtor’s bank account is an efficient method to collect on a judgment.
Real Property Liens
Another relatively straightforward and often highly effective manner to collect on a judgment is to obtain a real property lien on a judgment debtor’s real property. After the judgment creditor registers a judgment lien on the judgment debtor’s real property with the county recorder, the judgment creditor has a lien on all of the judgment debtor’s real property in that county.
When the judgment debtor attempts to transfer its property that is subject to the judgment creditor’s lien, the judgment creditor may receive payment on its judgment. Real property judgment liens are relatively straightforward to establish and can yield a large economic return when a judgment debtor’s real property is transferred.
Filing a Lawsuit Against Third Parties
A judgment creditor may also collect on a judgment by filing a lawsuit against any third party that has possession or control of assets of the judgment debtor. If the judgment debtor is an entity, the judgment creditor may be able to file a lawsuit against the judgment debtor’s owners on the grounds that the owners possess and control the assets of the judgment debtor.
If the judgment debtor is an individual, the judgment creditor may be able to assert an action against the judgment debtor’s business on the grounds that the business pays the judgment debtor. Filing an action against a third party that possesses or controls a judgment debtor’s money is an effective mechanism that a judgment creditor may use to collect on a judgment.
Judgment Collection & Enforcement Litigation
In addition to the aforementioned mechanisms by which a judgment creditor may attempt to collect on its judgment, numerous other effective methods to compel a judgment debtor to pay a judgment are provided by law.
Kluewer Law P.C.
Judgment Collection Attorney
Los Angeles, California, San Francisco, California, Phoenix, Arizona
Kluewer Law P.C. has successfully satisfied numerous large judgments on behalf of judgment creditors. Kluewer Law P.C. represents creditors from all over the country and the world in judgment collection matters throughout California and Arizona.
Kluewer Law P.C. has locations in Los Angeles, California, San Francisco, California, and Phoenix, Arizona.