This article highlights some judgment-related laws in California. The judgment-related laws in California are usually within the California Code of Civil Procedures, abbreviated as CCPs. Laws change over time, so please confirm any laws mentioned in this, or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
California CCP 685.020: The rate at which California judgments accrue interest:
A: Interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.
B: The Legislature reserves the right to change the rate of interest at any time to a rate of less than 10 percent per annum, regardless of the date of entry of the judgment or the date any obligation upon which the judgment is based was incurred. A change in the rate of interest may be made applicable only to the interest that accrues after the operative date of the statute that changes the rate.
California CCP 699.020: At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor may pay to the levying officer the amount of the debt or so much thereof as is necessary to satisfy the money judgment. The levying officer shall give a receipt for the amount paid and such receipt is a discharge for the amount paid.
California CCP 699.080: Search on the web for "CCP 699.080" to see the full text of this law, or any California laws mentioned in this article. This law describes how, after a judgment debtor's assets are approved for levy by a Sheriff; a process server can serve a writ of execution to levy most kinds of property, including rare situations such as extracted mineral rights, and also typical assets such as real estate, personal property, bank accounts, etc. This law also specifies waiting periods, how writs are handled, and how notices must be sent. Interestingly, in section 4-G, this law states "A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid". This seems to contradict most California levy situations in the real world, where one only gets "one bite of the apple", for example, when a bank levy freezes the judgment debtor's assets only once, at the moment of time when the levy is served on their bank.
California CCP 699.510: Search on the web for "CCP 699.510" to see the full text of this law. In summary, this law states that writs must be issued for the specific county where the judgment debtor's assets are. In extremely rare situations, where writs from multiple creditors are requested from a court at the same time, for the same judgment debtor; writs for family court judgments are given a higher priority at the court clerk's office. Writs last for six months, unless used to actively levy wages, in which case they usually last as long as either the judgment debtor's job, or the judgment remains unsatisfied. Also specified, are details of writs of execution, affidavits of identity, and punishments for creditors that keep assets taken from the wrong person.
California CCP 699.520: Search on the web for "CCP 699.520" to see the full text of this law. In summary, this law details what information must be included on writs of execution.
California CCP 699.520: (a) Upon delivery of the writ of execution to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law. (b) The levying officer may not levy upon any property under the writ after the expiration of 180 days from the date the writ was issued.
California CCP 700.010: (a) At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the following on the judgment debtor:
1. The writ of execution.
2. A notice of levy.
3. If the judgment debtor is a natural person, a copy of the form listing exemptions prepared by the Judicial Council pursuant to subdivision (c) of Section 681.030 and the list of exemption amounts published pursuant to subdivision (d) of Section 703.150.
4. Any affidavit of identity, as defined in Section 680.135, for names of the debtor listed on the writ of execution. Service under this section shall be made personally or by mail.
California CCP 700.160: Search on the web for "CCP 700.160" to see the full text of this law. This law specifies time limits for banks to pay the amount owed to the Sheriff, and covers situations where a bank account or safe-deposit box is levied in a name other then the judgment debtor, and how fictitious name statements are handled. Interestingly, this law only covers situations involving unexpired fictitious business name statements, and does not address or mention the very common reality of judgment debtors operating businesses with expired fictitious business names.
If you need to find a judgment collection attorney in California, contact a judgment broker, or visit the California Bar web site at: www.calbar.ca.gov
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for those with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
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Sunday, June 3, 2012
Saturday, June 2, 2012
Arizona Judgment Related Laws
This article highlights some judgment-related laws in Arizona. Arizona laws are often referenced as being annotated in an official listing, abbreviated as ANN (or A.R.S.). Laws change over time, so please confirm any laws mentioned in this, or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Arizona Revised Statute Ann 12-1570: Search on the web for "12-1570" to see the full text of this law, or any Arizona statutes mentioned in this article. This law has the definitions of "deliver", which means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner. (c) To serve on a party pursuant to the rules of civil procedure applicable to a summons. This law also has definitions for "exempt monies or property", "good faith", "judgment creditor", "judgment debtor", "monies", "nonexempt monies or property", "personal property", and "Receipt".
Arizona Revised Statute Ann 12-1572: Search on the web for "12-1572" to get to the Arizona State Legislature web site, to see the full text of this law. This law describes how writs of garnishment are filled out and issued.
Arizona Revised Statute Ann 12-1574: Search on the web for "12-1574" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1574 covers the issuance, service, and return of writs, and notices to the judgment debtor. A summary is: The court issues a properly filled out writ for the creditor to give to the Sheriff, to garnish assets of the judgment debtor. The writ must be correctly filled out with the amount owed, any allowed costs, and how the interest was calculated.
Arizona Revised Statute Ann 12-1577: Search on the web for "12-1577" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1577 specifies how a bank or asset holding company is to be served, how specific branches need to be served, and how much the bank can charge if it has to do a search to find accounts at other branches.
Arizona Revised Statute Ann 12-1578: Search on the web for "12-1578" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1578 limits transfers by garnishees after service of a garnishment. This statute is muddy, because it reads as if it was "not written not as non-clearly as one would not wish to not read if they did not want to not read non-confusing laws". A summary is that when a garnishee is served, they need to follow instructions carefully, when to pay attention to exemptions and how to handle them, how no shenanigans are allowed, how the judgment debtor can post a bond to complicate things.
Arizona Revised Statute Ann 12-1582: Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee's costs and attorney's fee.
Arizona Revised Statute Ann 12-1591: Taxing costs: A. When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor.
B. When there is no written objection to the answer of the garnishee and the garnishee is held on his answer, the costs as provided in subsection A, shall be taxed against the judgment debtor.
C. Where the answer is objected to in writing the costs shall abide the issue.
Arizona Revised Statute Ann 12-1595: Search on the web for "12-1595" to see the full text of this law. This law covers garnishment of bank accounts in the name of more than one person. It details who must be served, who must be noticed, how banks need to answer the garnishment, how to handle complications, and how and when bonds need to be posted.
Arizona Revised Statute Ann 12-1596: Search on the web for "1-1596" to get to the Arizona State Legislature web site, to see the full text of this law. This law describes the required court forms, and how people can get them at no charge, and what must be in notices to the parties. Also exemptions are defined, how to disagree with court decisions, and when Spanish wordings must be used.
Arizona Revised Statute Ann 44-1201: Search on the web for "44-1201" to see the full text of this law. This law sets the rate of interest in Arizona for loans and judgments.
If you need to find a judgment recovery attorney in Arizona, contact a judgment broker, or visit the Arizona Bar web site at: www.Arizonabar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for those with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Arizona Revised Statute Ann 12-1570: Search on the web for "12-1570" to see the full text of this law, or any Arizona statutes mentioned in this article. This law has the definitions of "deliver", which means any of the following: (a) To hand deliver. (b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner. (c) To serve on a party pursuant to the rules of civil procedure applicable to a summons. This law also has definitions for "exempt monies or property", "good faith", "judgment creditor", "judgment debtor", "monies", "nonexempt monies or property", "personal property", and "Receipt".
Arizona Revised Statute Ann 12-1572: Search on the web for "12-1572" to get to the Arizona State Legislature web site, to see the full text of this law. This law describes how writs of garnishment are filled out and issued.
Arizona Revised Statute Ann 12-1574: Search on the web for "12-1574" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1574 covers the issuance, service, and return of writs, and notices to the judgment debtor. A summary is: The court issues a properly filled out writ for the creditor to give to the Sheriff, to garnish assets of the judgment debtor. The writ must be correctly filled out with the amount owed, any allowed costs, and how the interest was calculated.
Arizona Revised Statute Ann 12-1577: Search on the web for "12-1577" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1577 specifies how a bank or asset holding company is to be served, how specific branches need to be served, and how much the bank can charge if it has to do a search to find accounts at other branches.
Arizona Revised Statute Ann 12-1578: Search on the web for "12-1578" to get to the Arizona State Legislature web site, to see the full text of this law. 12-1578 limits transfers by garnishees after service of a garnishment. This statute is muddy, because it reads as if it was "not written not as non-clearly as one would not wish to not read if they did not want to not read non-confusing laws". A summary is that when a garnishee is served, they need to follow instructions carefully, when to pay attention to exemptions and how to handle them, how no shenanigans are allowed, how the judgment debtor can post a bond to complicate things.
Arizona Revised Statute Ann 12-1582: Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee's costs and attorney's fee.
Arizona Revised Statute Ann 12-1591: Taxing costs: A. When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor.
B. When there is no written objection to the answer of the garnishee and the garnishee is held on his answer, the costs as provided in subsection A, shall be taxed against the judgment debtor.
C. Where the answer is objected to in writing the costs shall abide the issue.
Arizona Revised Statute Ann 12-1595: Search on the web for "12-1595" to see the full text of this law. This law covers garnishment of bank accounts in the name of more than one person. It details who must be served, who must be noticed, how banks need to answer the garnishment, how to handle complications, and how and when bonds need to be posted.
Arizona Revised Statute Ann 12-1596: Search on the web for "1-1596" to get to the Arizona State Legislature web site, to see the full text of this law. This law describes the required court forms, and how people can get them at no charge, and what must be in notices to the parties. Also exemptions are defined, how to disagree with court decisions, and when Spanish wordings must be used.
Arizona Revised Statute Ann 44-1201: Search on the web for "44-1201" to see the full text of this law. This law sets the rate of interest in Arizona for loans and judgments.
If you need to find a judgment recovery attorney in Arizona, contact a judgment broker, or visit the Arizona Bar web site at: www.Arizonabar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for those with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Friday, June 1, 2012
Arkansas Judgment Related Laws
This article highlights some judgment-related laws and rules in Arkansas. Arkansas laws are often listed as being annotated in an official listing, abbreviated as ANN. Laws change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Arkansas Civil Code Ann. 16110102: In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Arkansas Civil Code Ann. 16110111: The order of attachment shall be executed by the Sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The Sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the Sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt.
Arkansas Civil Code Ann. 16110113: The Sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order.
Arkansas Civil Code Ann. 16110127: Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Arkansas Civil Code Ann. 16110129: The garnishee may pay the money owing to the defendant by him to the Sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs.
Arkansas Civil Code Ann. 16110133: Upon the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means.
Arkansas Civil Code Ann. 1665114: Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law
If you need to find a judgment recovery attorney in Arkansas, contact a judgment broker, or visit the Arkansas Bar web site at: www.Arkansasbar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Arkansas Civil Code Ann. 16110102: In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Arkansas Civil Code Ann. 16110111: The order of attachment shall be executed by the Sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The Sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the Sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt.
Arkansas Civil Code Ann. 16110113: The Sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order.
Arkansas Civil Code Ann. 16110127: Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Arkansas Civil Code Ann. 16110129: The garnishee may pay the money owing to the defendant by him to the Sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs.
Arkansas Civil Code Ann. 16110133: Upon the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means.
Arkansas Civil Code Ann. 1665114: Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law
If you need to find a judgment recovery attorney in Arkansas, contact a judgment broker, or visit the Arkansas Bar web site at: www.Arkansasbar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Alabama Judgment Enforcement
I am not a lawyer. This is a summary of what I have learned and observed.
If you need legal advice, contact a lawyer
(See our National Lawyer State Bar List).
Because this is a summary of how to enforce an Alabama judgment, here is a PDF download file link, with more information: http://law.onecle.com/alabama/civil-practice/chapter9.html.
A judgment is a final order of a court, signed by a commissioner or judge that shows that a cash amount is owed by one party to another. The courts cannot help you enforce your judgment. You must enforce it yourself, or get help to enforce it.
Currently the Alabama interest rate (simple non-compounded annual interest) can be the same as the pre-judgment contract rate, however it is usually 12%. Post-judgment interest is not compounded - even when the judgment is renewed. Certain costs, especially when an attorney is used, can be reimbursed and accrue interest.
Alabama has three civil courts that address judgment enforcement matters. If the judgment amount is less than $3,000, you will be in the Small Claims court. If the judgment amount is less than $10,000, you will be in District court. If the amount is more than $10,000 you will be in Circuit court.
Judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless.
Judgments becomes liens on the judgment debtor's real property in the county in which a certificate of judgment lien is filed. Liens last only as long as the underlying judgment lasts.
You can also levy on the debtor's personal property or garnish their wages, up to 25% of their non-exempt income. To start a garnishment of the debtor's assets, you need a writ of garnishment.
To get a writ, you must prepare and sign an application in front of an officer authorized to administer oaths. Then you file an affidavit with the clerk of the court in which the judgment was entered. The affidavit must state the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof, and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case.
After you have a court-endorsed writ, the officer filing the affidavit issues a process of garnishment, with a copy for each garnishee, to be personally served on each garnishee (e.g., the employer or bank) and the debtor.
You can domesticate a judgment into Alabama (meaning you can enforce it as if the judgment was awarded in Alabama). To do this, you need an authenticated copy of the foreign state judgment, and an affidavit listing the name and last known mailing address of the judgment debtor and creditor, and file it in an Alabama court close to the debtor and their assets.
Here are some judgment-related laws and rules in Alabama. Laws, regulations, and court rules change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice.
Alabama Code Civil Procedure 66-391: To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case.
Alabama Code Civil Procedure 66-393: Upon the filing of the affidavit, the officer filing the affidavit must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer upon oath.
Alabama Code Civil Procedure 64A: When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption.
Alabama Code Civil Procedure 66-450: Upon filing of the garnishee's answer, the clerk or register shall give the plaintiff and the defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer.
Alabama Code Civil Procedure 66-452: If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much as may be necessary to satisfy the plaintiff's demand and costs into court to await the order of the court.
Alabama Code Civil Procedure 66-462: When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court. In addition, when the personal attendance of the garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs.
Alabama Code Civil Procedure 8810, eights of exemption, Alabama Code Civil Procedure 64A: Interest Rate at which Judgments Accrue Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract. All other judgments shall bear interest at the rate of 12 percent per annum. In addition, fees allowed a trustee, executor, administrator, or attorney and taxed as part of the cost of the proceeding shall bear interest at a like rate from the day of entry.
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Because this is a summary of how to enforce an Alabama judgment, here is a PDF download file link, with more information: http://law.onecle.com/alabama/civil-practice/chapter9.html.
A judgment is a final order of a court, signed by a commissioner or judge that shows that a cash amount is owed by one party to another. The courts cannot help you enforce your judgment. You must enforce it yourself, or get help to enforce it.
Currently the Alabama interest rate (simple non-compounded annual interest) can be the same as the pre-judgment contract rate, however it is usually 12%. Post-judgment interest is not compounded - even when the judgment is renewed. Certain costs, especially when an attorney is used, can be reimbursed and accrue interest.
Alabama has three civil courts that address judgment enforcement matters. If the judgment amount is less than $3,000, you will be in the Small Claims court. If the judgment amount is less than $10,000, you will be in District court. If the amount is more than $10,000 you will be in Circuit court.
Judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless.
Judgments becomes liens on the judgment debtor's real property in the county in which a certificate of judgment lien is filed. Liens last only as long as the underlying judgment lasts.
You can also levy on the debtor's personal property or garnish their wages, up to 25% of their non-exempt income. To start a garnishment of the debtor's assets, you need a writ of garnishment.
To get a writ, you must prepare and sign an application in front of an officer authorized to administer oaths. Then you file an affidavit with the clerk of the court in which the judgment was entered. The affidavit must state the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof, and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case.
After you have a court-endorsed writ, the officer filing the affidavit issues a process of garnishment, with a copy for each garnishee, to be personally served on each garnishee (e.g., the employer or bank) and the debtor.
You can domesticate a judgment into Alabama (meaning you can enforce it as if the judgment was awarded in Alabama). To do this, you need an authenticated copy of the foreign state judgment, and an affidavit listing the name and last known mailing address of the judgment debtor and creditor, and file it in an Alabama court close to the debtor and their assets.
Here are some judgment-related laws and rules in Alabama. Laws, regulations, and court rules change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice.
Alabama Code Civil Procedure 66-391: To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case.
Alabama Code Civil Procedure 66-393: Upon the filing of the affidavit, the officer filing the affidavit must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer upon oath.
Alabama Code Civil Procedure 64A: When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption.
Alabama Code Civil Procedure 66-450: Upon filing of the garnishee's answer, the clerk or register shall give the plaintiff and the defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer.
Alabama Code Civil Procedure 66-452: If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much as may be necessary to satisfy the plaintiff's demand and costs into court to await the order of the court.
Alabama Code Civil Procedure 66-462: When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court. In addition, when the personal attendance of the garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs.
Alabama Code Civil Procedure 8810, eights of exemption, Alabama Code Civil Procedure 64A: Interest Rate at which Judgments Accrue Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract. All other judgments shall bear interest at the rate of 12 percent per annum. In addition, fees allowed a trustee, executor, administrator, or attorney and taxed as part of the cost of the proceeding shall bear interest at a like rate from the day of entry.
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Thursday, May 31, 2012
Alaska Judgment Related Laws
This article highlights some judgment-related laws and rules in Alaska. Laws, regulations, and court rules change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Alaska Code Civil Procedure 09.30.070: The rates that judgments accrue interest on in Alaska is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier.
Alaska Code Civil Procedure 09.35.010: A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement.
Alaska Code Civil Procedure 09.35.070: All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.
Alaska Code Civil Procedure 09.35.100: The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied.
Alaska Code Civil Procedure 09.40.010: A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment.
Alaska Code Civil Procedure 09.40.025: Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose.
Alaska Code Civil Procedure 09.40.040: All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied.
Alaska Code Civil Procedure 09.40.060: When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person’s possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt.
If you need to find a judgment lawyer in Alaska, contact a judgment broker, or visit the Alaska Bar web site at: www.alaskabar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Alaska Code Civil Procedure 09.30.070: The rates that judgments accrue interest on in Alaska is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier.
Alaska Code Civil Procedure 09.35.010: A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement.
Alaska Code Civil Procedure 09.35.070: All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.
Alaska Code Civil Procedure 09.35.100: The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied.
Alaska Code Civil Procedure 09.40.010: A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment.
Alaska Code Civil Procedure 09.40.025: Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose.
Alaska Code Civil Procedure 09.40.040: All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied.
Alaska Code Civil Procedure 09.40.060: When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person’s possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt.
If you need to find a judgment lawyer in Alaska, contact a judgment broker, or visit the Alaska Bar web site at: www.alaskabar.org
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
A Dumpster Diving Story
I have written a few articles about dumpster diving before, and since then, a few judgment experts have given me their feedback. One of their stories was so interesting, I got their permission to include their experience into this article.
My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
The judgment recovery expert had hit a roadblock in their post judgment investigations. They had a particularly sly and experienced judgment debtor that hid their assets well. The judgment enforcer had accumulated quite a bit of information about their judgment debtor, however they had no clues about their available assets. This is the story of their first trash search experience, also known as a dumpster dive.
The judgment debtor lived in a house that they might be renting for cash, about ten miles away from the judgment enforcer's office. The judgment enforcer first used Google Maps, then did a drive-by, to see what he could find out by making a quick visit to the judgment debtor's house.
The judgment enforcer then Googled "cityname garbage pickup" and found the local trash/recycling company for where the judgment debtor lived. The garbage company's web site did not show the scheduled days and areas that garbage was picked up. So, he called the garbage company, and said he was going to move to their town soon, and he wanted to get a little bit of information.
The judgment enforcer told the garbage employee the street and block where their judgment debtor lived at, as the place he would soon move to. He then asked them what day, or day of the week, would his garbage receptacles have to be on the street for pickup? He got his answer (Wednesday morning) and thanked them and said goodbye.
The following Wednesday morning, about 4:30 AM, the judgment enforcer and their buddy started their adventure. The judgment enforcer's friend drove a small pickup truck to the judgment debtor's house. As predicted, the garbage and recycling cans were in front of their house, at the edge of the street.
They pulled up next to the garbage cans and stopped. Their plan was to leave the engine idling, and the enforcer would quickly grab the trash bags inside the judgment debtor's garbage cans. The reality was, while there were a few neatly-tied bags of trash, most of the garbage was loose, wet, sticky, and smelly. So much for a quick and easy dumpster dive.
The judgment enforcer had brought gloves with them, however they brought no other equipment, not even spare plastic bags. The enforcer moved the few sticky bags there were, to the back of the truck. Then he picked up the whole garbage can, and emptied all the garbage into the back of the truck, and got a greasy stain on his pants.
Next to the garbage can was a separate recycling bin, full of mostly junk mail. The judgment enforcer quickly dumped the papers into the back of their truck; just as a light came on at a neighbor's house, and a dog started to bark. The enforcer's pulse rate quickened, and he jumped back into the truck and they drove away, just as they thought they heard a man yelling at them. They did not wait to hear what the yelling was about. Luckily, they were long gone before anyone could see their license plate.
As they neared the freeway, they noticed some of the recycle bin papers were flying off the back of their pickup truck, so they decided to take the back-roads home at a slower speed. They resolved to either be much better prepared next time, or to never do this again. When they got home, they spread their "winnings" on a plastic tarp, and waited for daylight.
Using tongs and gloves, they sifted through the judgment debtor's garbage. As they expected, almost all their trash was just garbage, and all of the judgment debtor's recycling was junk. However, they found a gift within the garbage because they found a partially ripped-up banking statement and a voided check that was half-torn.
That provided enough information to later do a successful bank levy, that paid off the entire judgment. So, even though that stain never came out of his pants, and it was a scary, messy, and time consuming (especially for cleanup), the judgment payoff made the dumpster dive worth doing.
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
The judgment recovery expert had hit a roadblock in their post judgment investigations. They had a particularly sly and experienced judgment debtor that hid their assets well. The judgment enforcer had accumulated quite a bit of information about their judgment debtor, however they had no clues about their available assets. This is the story of their first trash search experience, also known as a dumpster dive.
The judgment debtor lived in a house that they might be renting for cash, about ten miles away from the judgment enforcer's office. The judgment enforcer first used Google Maps, then did a drive-by, to see what he could find out by making a quick visit to the judgment debtor's house.
The judgment enforcer then Googled "cityname garbage pickup" and found the local trash/recycling company for where the judgment debtor lived. The garbage company's web site did not show the scheduled days and areas that garbage was picked up. So, he called the garbage company, and said he was going to move to their town soon, and he wanted to get a little bit of information.
The judgment enforcer told the garbage employee the street and block where their judgment debtor lived at, as the place he would soon move to. He then asked them what day, or day of the week, would his garbage receptacles have to be on the street for pickup? He got his answer (Wednesday morning) and thanked them and said goodbye.
The following Wednesday morning, about 4:30 AM, the judgment enforcer and their buddy started their adventure. The judgment enforcer's friend drove a small pickup truck to the judgment debtor's house. As predicted, the garbage and recycling cans were in front of their house, at the edge of the street.
They pulled up next to the garbage cans and stopped. Their plan was to leave the engine idling, and the enforcer would quickly grab the trash bags inside the judgment debtor's garbage cans. The reality was, while there were a few neatly-tied bags of trash, most of the garbage was loose, wet, sticky, and smelly. So much for a quick and easy dumpster dive.
The judgment enforcer had brought gloves with them, however they brought no other equipment, not even spare plastic bags. The enforcer moved the few sticky bags there were, to the back of the truck. Then he picked up the whole garbage can, and emptied all the garbage into the back of the truck, and got a greasy stain on his pants.
Next to the garbage can was a separate recycling bin, full of mostly junk mail. The judgment enforcer quickly dumped the papers into the back of their truck; just as a light came on at a neighbor's house, and a dog started to bark. The enforcer's pulse rate quickened, and he jumped back into the truck and they drove away, just as they thought they heard a man yelling at them. They did not wait to hear what the yelling was about. Luckily, they were long gone before anyone could see their license plate.
As they neared the freeway, they noticed some of the recycle bin papers were flying off the back of their pickup truck, so they decided to take the back-roads home at a slower speed. They resolved to either be much better prepared next time, or to never do this again. When they got home, they spread their "winnings" on a plastic tarp, and waited for daylight.
Using tongs and gloves, they sifted through the judgment debtor's garbage. As they expected, almost all their trash was just garbage, and all of the judgment debtor's recycling was junk. However, they found a gift within the garbage because they found a partially ripped-up banking statement and a voided check that was half-torn.
That provided enough information to later do a successful bank levy, that paid off the entire judgment. So, even though that stain never came out of his pants, and it was a scary, messy, and time consuming (especially for cleanup), the judgment payoff made the dumpster dive worth doing.
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Tuesday, May 29, 2012
Outsourcing Judgments
Everything in judgment recovery depends on outsourcing. Anyone buying or owning a judgment has to try to sell, recover, or settle it, to recover any money from it. Everyone recovering a judgment, including "Do-it-yourself" judgment owners recovering their own judgments, requires the services of courts and Sheriffs and/or process servers.
Sometimes judgment recovery also requires paying lawyers, private investigators, and a notary. Judgment recovery is not guaranteed, and any time or money spent trying to recover judgments, can be money down the drain. If you plan on outsourcing your judgment to a judgment buyer, enforcer, or a collection lawyer; a free judgment broker will save a lot of your time, and find you the right expert.
My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. There are four basic choices when you outsource a judgment:
1) Enforcing a judgment yourself: You manage and pay for everything and outsource to courts, Sheriffs, process servers, notaries, and possibly some other required experts, perhaps including a lawyer or a paralegal to type up motions or other legal documents. You may need to hire a private investigator to find the judgment debtor or their assets. A little bit of consultation might be all that is needed, to get over a little hump in your judgment recovery project.
2) Cash upfront judgment sales: Judgments usually sell cash upfront for a very tiny fraction of their face amount. The only outsourcing will be to a judgment buyer and a notary, because you must assign your judgment to the buyer.
3) Hiring a lawyer either by the hour, or on a contingency basis (charging you 35-50% of what is recovered on average) to try to recover your judgment. The only outsourcing will be to your attorney. Lawyers only accept the strongest judgments for recovery on a contingency basis.
4) Assigning your judgment to a judgment enforcer, who will try to recover your judgment on a future-pay contingency basis (charging you 50% of what is recovered on average) paying you after money is recovered. Judgment enforcers will take many judgments on contingency that lawyers will not take on contingency. The only outsourcing will be to a judgment enforcer and a notary, as you must assign your judgment to the enforcer.
When you want your judgment recovered, you always must outsource it in one way or another. Sometimes you can recover your judgment yourself. If it does not work out, you can usually find an expert to help you recover it. Don't hesitate to pay for help when it makes sense for your judgment situation.
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http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Sometimes judgment recovery also requires paying lawyers, private investigators, and a notary. Judgment recovery is not guaranteed, and any time or money spent trying to recover judgments, can be money down the drain. If you plan on outsourcing your judgment to a judgment buyer, enforcer, or a collection lawyer; a free judgment broker will save a lot of your time, and find you the right expert.
My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. There are four basic choices when you outsource a judgment:
1) Enforcing a judgment yourself: You manage and pay for everything and outsource to courts, Sheriffs, process servers, notaries, and possibly some other required experts, perhaps including a lawyer or a paralegal to type up motions or other legal documents. You may need to hire a private investigator to find the judgment debtor or their assets. A little bit of consultation might be all that is needed, to get over a little hump in your judgment recovery project.
2) Cash upfront judgment sales: Judgments usually sell cash upfront for a very tiny fraction of their face amount. The only outsourcing will be to a judgment buyer and a notary, because you must assign your judgment to the buyer.
3) Hiring a lawyer either by the hour, or on a contingency basis (charging you 35-50% of what is recovered on average) to try to recover your judgment. The only outsourcing will be to your attorney. Lawyers only accept the strongest judgments for recovery on a contingency basis.
4) Assigning your judgment to a judgment enforcer, who will try to recover your judgment on a future-pay contingency basis (charging you 50% of what is recovered on average) paying you after money is recovered. Judgment enforcers will take many judgments on contingency that lawyers will not take on contingency. The only outsourcing will be to a judgment enforcer and a notary, as you must assign your judgment to the enforcer.
When you want your judgment recovered, you always must outsource it in one way or another. Sometimes you can recover your judgment yourself. If it does not work out, you can usually find an expert to help you recover it. Don't hesitate to pay for help when it makes sense for your judgment situation.
-------
http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.
Mark Shapiro - Do you have a judgment? Do you have leads for people with judgments? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
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