Employment & Business Attorneys Campbell CA

Judgment Enforcement Attorney

Judgment Enforcement Campbell CAThere are numerous remedies available for recovering debts and enforcing judgments.

These usually involve what is known as a “levy,” which is essentially a procedure where the Sheriff seizes and sells the judgment debtor’s property.  This procedure can be fairly complicated, especially when the debtor is adept at hiding their assets.

Worse yet, a debtor may have no assets, making them “judgment proof.”

Obtaining information about a debtor’s assets is the most critical aspect of judgment enforcement.

This information can usually be obtained from public records,  databases available on the internet, post-judgment written discovery and debtor examinations.  In some cases it may require the services of a private investigator.

Unfortunately, all of these things cost money, so this has to be balanced against the possible outcome.

In rare cases involving commercial contract claims for a “liquidated” sum, a creditor can apply for a “pre-judgment writ of attachment.”  This can be used to have the Sheriff seized the debtor’s asset’s and hold on to them until there is a judgment or settlement.  It can also be used to discover information about the debtor’s assets before a judgment is entered.

Many debtors try to avoid the payment of judgments by transferring their assets to relatives, forming corporations, or selling their businesses.  This can make it extremely difficult to enforce such judgments, but not impossible.  In such cases you need experienced and tenacious counsel, such as Rousso & Jackel, who can zealously represent your interests.