Judgment Recovery, A Drudgery?

So, you emerged as a victor in one of the lawsuits you filed to recover the money that was long owed to you. Having won, the judge enters a judgment into your goodwill. Now, its been eons, and the defendant still refuses to pay what is owed to you. What do you do now? How do proceed with your judgment recovery process? How long will it take for the judgment recovery? Will you have to employ other illicit methods for you judgment recovery process?

These are the most frequently asked questions that a law office, may be in downtown California, may receive. First things first, Now that you have sued someone, you are not going to get your money by just waiting and expecting the defendant to pay without doing anything. Even after the Judgment has been made in your favor, you may need to take certain steps to make the defendant pay your dues.

Most lawyers that represent such cases, file them in the District courts, this is especially true in the state of California and Texas. Technically speaking, there is is nothing wrong with your attorney filing your lawsuits in the district courts, but as far as judgment recovery is concerned, after the judgment has been passed by the court it cannot be enforced strongly enough by district courts, or in other words, the district courts lack teeth to bite and are only good to bark.

The first step to words judgment recovery, is to ask your attorney to file the case in the Court of Common Pleas, located in the county where the case was filed. In case, the judgment has already been made, you can always transfer the judgment to the court of common pleas. Rest assured this worth the time and the cost, since the Court of Commons, does have some leverage over the defendant, especially in judgment recovery cases.

The next definite action to take would be to you could move the court to transfer a selected amount every month from the defendants bank account to yours, if the defendant does have one. This is taken care of by the court and the bank, the defendant cannot do anything but deposit money in the bank account. This is usually referred to as garnishment, and it involves freezing the bank account of the defendant. You could also move the court of common pleas to start the process of execution and levy, which usually involves auctioning of the defendants assets, leading to some kind of judgment recovery. The only downside involve in taking this course of action, is that the cost usually associated with an execution and levy order is quite high.

There exists no hard and fast guarantee of any judgment recovery, in your judgment recovery lawsuit. By default, in some states, the court does by default make you the holder of the defendants lien. Judgment recovery does not need to be a drudgery, and if carried out by finesse, the process of judgment recovery does not take time and you would not require any third party for your judgment recovery.

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