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Protecting Yourself and Your Ideas arrow Personal Injury arrow Collect Your Judgment in 5 Easy Steps



Collect Your Judgment in 5 Easy Steps

By: Adrienne M. McMillan
Product ISBN: 9781572487154  
Price: $22.95
Publication Date: September 2007  

Collect Your Judgment in 5 Easy Steps is an easy-to use reference guide that helps the average person collect a judgment without an attorney or collection agency.

Available formats: Trade Paper, Adobe eBook


Full Description

Collect Your Judgment in 5 Easy Steps is an easy-to use reference guide that helps the average person collect a judgment without an attorney or collection agency.

It breaks down the process of what to do after receiving a judgment to actually collecting money as a result of it. Each step explains the process and what needs to be done each step of the way to find your debtor, determine what resources they have that you can collect from and then legally enforce your judgment through collection actions.

Over $2 million worth of judgments go uncollected each year. People now have an affordable way to recover the money they are owed.

Table of Contents

Introduction

Step 1: Understand the Process

Chapter 1: You and Your Debtor
- Who is Your Debtor?
- Your Judgment
- Appeal
- Due Date
- Statute of Limitations
- Interest
- Renew Your Judgment
- Correcting Your Judgment
- Enforcement Costs
- Crediting Payments Received

Chapter 2: The Legal System
- Civil Procedure Laws
- Court Rules and Local Rules of Court
- Code vs. Case Law
- Federal Collection Laws
- Service of Process
- Reference Materials
- The Courthouse

Step 2: Find the Money

Chapter 3: Where’s the Money?
- Credit Reports
- Finding Your Debtor
- Deceased Debtor
- Debtor Who Has Left the State
- Motion to Vacate
- Private Investigator

Chapter 4: Debtor Examination Hearings
- Examples of State-Specific Requirements
- Scheduling an Examination
- Where to File
- If Your Debtor has Moved
- Who to Examine
- Forms
- Scheduling a Time
- Service of Your Papers
- Subpoenas
- The Hearing
- Uncooperative Debtor
- Tips for Conducting Your Examination
- Examination Liens
- Business Debtor Examination
- Time Limits
- Alternatives to a Debtor Examination

Step 3: Collection Procedures

Chapter 5: Prepare for Collection
- Certifying your Judgment
- Abstract of Judgment

Chapter 6: Liens
- Real Property Liens
- Personal Property Liens
- Notice of Liens
- Life of Liens
- Lien from Sister-State Judgment
- Co-owned Property
- Transfer of Property
- Outcome of a Lien
- Releasing a Lien Before Your Judgment is Paid
- Releasing a Lien After Your Judgment is Paid

Chapter 7: Writs
- Types of Writs
- Getting a Writ Issued

Chapter 8: Garnishment
- Different Types of Garnishment
- Wage Garnishment
- Conducting a Wage Garnishment
- Employee vs. Independent Contractor
- How Wage Garnishment Works
- Exemptions
- Levying Officer
- Disadvantages to Wage Garnishment
- Federal Employees and Military Personnel
- Premature Termination
- Uncooperative Employer
- Spouse’s Wages
- Adding Costs
- Existing Wage Garnishments
- Terminating a Wage Garnishment

Chapter 9: Levies
- Bank Levy
- Personal Property Levy
- Auto Levy

Chapter 10: Special Procedures
- Driver’s License Suspension
- Professional License Suspension

Chapter 11: Business Debtors
- Name Change
- Keeper Levy
- Till Tap

Chapter 12: Bankruptcy
- Chapter 7
- Chapter 11
- Chapter 13
- When Your Debtor Files for Bankruptcy
- Non-Dischargeable Debts

Chapter 13: Oppositions and Court Orders
- Opposition to Debtor’s Motion for Court-Ordered Payments
- Court Orders
- Noticed Motion
- Ex Parte Motion
- Tentative Rulings
- Assignment Orders
- Turnover Order
- Seizure Order
- Charging Order
- Motion to Vacate
- Claim of Exemption and Opposition to Claim of Exemption
- Timing of Collection Procedures

Step 4: Your Action Plan

Chapter 14: Make a Plan
- Prioritize the Assets
- One Writ Per County at a Time
- Property That is Easy to Hide
- Lump Sum
- Paycheck
- Sample Plan

Step 5: Case Closed

Chapter 15: Closing Your Case
- Acknowledgment of Satisfaction of Judgment
- Removing Real Property Liens
- Debtor’s Request to Enter Satisfaction
- Negative Mark on Debtor’s Credit Report

Conclusion

Glossary

Appendix A: Sample Cases

Appendix B: State Form Websites

Appendix C: Sample, Filled-in Forms

Appendix D: Blank Forms

Excerpt


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Learn what a debtor examination is and how to successfully conduct one
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