If your company is owed money on a judgment, let VDC help with the judgment enforcement process.
Obtaining a judgment in an action does not ensure that such a judgment will be paid. When a judgment is not paid by a defendant, the option is to pursue judgment enforcement. At VDC, we employ various techniques to maximize the prospect of recovery. Where necessary, we also engage in post-judgment proceedings to uncover the debtor’s assets and/or information pertaining to such assets.
If a debtor fails to satisfy a judgment, the following are three (3) legal options where VDC can assist to enforce the judgment:
On behalf of the creditor, we can request the court issue a Notice of Examination which will require the debtor to attend court for a hearing. During the Examination hearing the debtor must present any and all information pertaining to their financial state of affairs.
The hearing further provides the creditor with the opportunity to ask questions regarding the debtor’s financial status. The court will then decide whether or not the debtor is able to pay the judgment and if so, a payment plan may be set for which the debtor must comply.
A judgment can be satisfied by garnishing the debtor’s wages or bank account(s). When a creditor is unsuccessful at collecting a judgment debt, a Notice of Garnishment can be filed with the court. This allows the creditor to intercept and garnish money being issued to the debtor by third parties. Common garnishees are the debtor’s employer(s) and financial institutions such as a bank.
The creditor can file a Writ of Seizure and Sale either against the debtor’s land or personal property. A Writ of Seizure and Sale of Land allows the creditor to hold an interest in the debtor’s land or home. Once filed in the appropriate jurisdiction, the creditor can request that the Sheriff seize and force the sale of the property. If the debtor chooses to sell or mortgage their real property the judgement debt must be paid prior to the deal being closed.
If the debtor does not have any real estate but is in possession of a vehicle or any other personal property which can be seized and/or sold, the creditor can file a Writ of Seizure and Sale of Personal Property.