Judgement May Not Be The End Of Legal Battles

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Judgement May Not Be The End Of Legal Battles

Post: # 47280Post Flipping4Profit.ca
Thu Jul 26, 2018 7:43 pm

Judgement May Not Be The End Of Legal Battles
Navtaj Chandhoke | http://www.Flipping4Profit.ca |

A judge's decision or default judgment, the "winner"
will automatically get paid, however, this is not the case.
An order from the court is not a guarantee of payment.
The process to obtain the monies can get complicated
and expensive.

Typically, the first step to recover judgment money
is to write a letter to the debtor requesting payment
and working out a payment plan in order to avoid
going back to court. If the debtor, however,
is unresponsive and/or uncooperative there are
a number of mechanisms that can be used to
enforce judgment.

The creditor must first determine if the debtor
has money, assets that can be seized or sold,
or a debt owing to the debtor by a third party
such as employment income that can be garnished.
The debtor can request this information through
an examination in aid of execution in order to
determine the creditor's place of employment,
income, bank account information, available property,
other debts owed etc. After the examination,
the primary routes for obtaining the monies are:

Garnishment– If the creditor is able to
determine the debtor's place of employment,
they can obtain a garnishment order.
The debtor's employer would be obligated
to provide wages to the court, which would
then be given to the creditor.
A notice of garnishment remains in force for six years
and can be renewed if the debt is not paid in full.

Writ of Seizure or Sale – A creditor can file a
writ of seizure and sale which would be enforced
by a sheriff. There is a writ for personal property
which are all belongings besides real property
and money. And a writ for the seizure and
sale of land which is for real property.
Essentially, the sheriff would obtain the
debtor's belongings, have them sold,
and proceeds would go to the creditor.
The writ of seizure and sale of land can be
particularly effective since it encumbers the land
and prevents the debtor from being able to buy or
sell land until the debt has been paid off.

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To conclude, obtaining a paper judgment is only
step one in what can be a lengthy, expensive and
complicated process to obtain the money owed.
If the debtor is unemployed and has no assets,
it may not even be worth the trouble and cost of
litigation to obtain a judgment against them.
This is something to consider and should be
canvassed with a lawyer prior to commencing a
legal action.

The content of this article is intended to
provide a general guide to the subject matter.
Specialist advice should be sought about
your specific circumstances.

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