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Sponsored by Lorman Education
Product ID: 407824EAU
 
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Handling Your Post-Judgment Files

OnDemand Webinar (86 minutes)

Learn procedures relating to post-judgment files as well as collection of money judgments and steps to take in order to locate assets of a judgment debtor.This material will cover the laws and procedures relating to collection of money judgments, including an explanation as to the steps a judgment creditor can take to locate assets of a judgment debtor and the court procedures available for attaching a judgment debtor's real or personal property. This topic will also discuss how a debtor's bank account and/or wages can be applied toward payment of the judgment debt. Additionally, the impact of bankruptcy on the rights of a judgment creditor will be analyzed. This topic will benefit lawyers engaged in creditor rights and collection as well as paralegals who assists those attorneys. The material is also appropriate for collection agencies and original creditors who resort to a court action for collection of debts.

Authors

Ronald S. Canter, Esq., The Law Offices of Ronald S. Canter, LLC

Agenda

Securing the Judgment

• Filing Judgment Rule

• Effect of Appeal

• Perfecting Lien on Real Property

• Statute of Limitations

Post-Judgment Discovery

• Debtor Examination

• Discovery From Third Parties

• Interrogatories

• Requests to Produce Documents

• Subpoena of Bank Records

• Depositions

Locating Assets

• Internet Sources

• Skip Tracing Vendors

• Work/Bank Search Vendors

• Public Records

Garnishment on Wages

• Federal Exemptions

• State Laws as to Rights to Garnish

• State Law Exemptions

• Continuing in Nature vs. Time Limitation

• Defenses to Garnishment

• Wrongful Garnishment

Attachment on Bank Accounts

• Treasury Regulation Excluding Exempt Funds

• Joint Bank Accounts

• Garnishee Obligations

• How State Law Exemptions Apply

• Judgment Against Garnishee

Execution on Real Estate

• Lien of Judgment

• Joint Title Issues

• Service of Levy

• Notice of Sale

• Public Sale

• Sheriff's Deed

• Priorities

Execution on Personal Property

• Tangible Property

• Intangible Property

• Levy or Leave vs. Levy and Seize

• Expenses of Storage

• Public Sale

• Disposition of Process

Other Remedies

• Charging Order

• Ancillary Relief

• Receiver/Involuntary Bankruptcy

• Fraudulent Conveyance

Effect of Bankruptcy

• Automatic Stay

• Avoidance of Liens

• Unscheduled Debts

• Non-Dischargeable Debts

• Objection to Dischargeability