Judgments

Act quickly? Most states, the order of judgment remains in effect for 10 years If not renewed, it expires and becomes a “nullity.”

Type of Judgment Money damages? Equitable remedy? –Judgment Debtor –Judgment Creditor Entered into court’s “Judgment Book” –Interest allowed! But must be incorporated into judgment itself

Offer of Judgment Made at least ten days before trial Party believes opposing party is entitled to damages, so offers to have judgment entered against him/herself! Must include all accrued costs

Equity Direct party –to convey land –return property –perform a service –Cease an activity –And anything else that is not just money!

Execution and Attachment A free floating lien against judgment debtor’s property It allows state seizure But of what and for whom?

Writ of Execution Direction to executive branch –Usually sheriff –Locate, seize and sell –Usually public auction –Subject to short holding period Allows right of redemption

Posting of Bond Judgment creditor may be required to post a bond protecting the judgment debtor against errors

Sheriff don’t work for free Sheriff’s costs for investigation, seizure and auction are added to judgment

Other remedies Arrest Attachment Garnishment Replevin Sequestration Levy Trespass and Trover Detinue More on this later…

Statement of Assets SC-133 example Within 30 days of Notice of Entry of Judgment… Contempt? Willful? Get Order of Examination

Order of Examination Oder debtor to appear in court and answer questions about income and assets When in court… –Frisk him! –Creditor can ask debtor to turn over any cash in his or her possession! (“Turnover Order”)

Hide and Seek Supplementary Proceedings –Interrogatories and interrogation concerning assets, properties, locations and earnings, employment. –Debtor may be incarcerated if uncooperative!

Wages Creditor can collect up to 25% of net wages… –If low income, this may not be possible… –What if another creditor got there first?

California’s Debtors Exemption Up to $150,000 in equity of home for age 65 or older, disabled, or 55 with low income! Families may have $75,000 exemption, all others $50,000 Most furniture and appliances Most clothing Motor vehicles up to $2,550 Personal jewelry, heirlooms and art up to $6,750 Public Benefits (welfare, Soc Sec, Work Comp) School financial aid 403(b) and similar retirement accounts… unless “excessive”??? Most pensions!

Business Assets Bonded Business? Bingo! Commercial vehicle, up to $4,850 safe Sheriff can “tap the till” –Watch till for 8 hours and take money –Till watcher can cost $1,000 a day!

Own, Rent, Borrowed Finding out who owns what can be tricky! Shared titles Life Estates LLC Partnerships Married or joint habitation?

Stocks, Bonds, Mutual Funds Securities –If not part of a retirement plan… –Depends on who holds the certificates… –Third party claim against the brokerage!

Lien, Lien, Lien and Wait Put liens on any real estate and wait for a sale, then collect beyond equity limits… if any.

Transfer of Judgment A judgment can be transferred to another jurisdiction, but action can be opposed and require a hearing. –Claim they paid it –Contest validity –Contest jurisdiction

Settlements, Releases General Release Partial Release Partial Settlement with Comparative Fault High-Low Releases Covenants not to Sue Consent Judgment against insurer Structured settlements Minor’s settlements

Dismissals Voluntary Court-Ordered Stipulated

Appeals Record of Appeal Appellant’s Brief Notice of Appeal Amicus Curiae Oral Argument Motion for Rehearing Appeal to higher court Order of reversal or new trial