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Fighting What Happens After Post Judgment Collection

There are several options available to the judgment creditor. A money judgment may be enforced through garnishment of the debtor’s funds in the hands of banks, employers and others. The creditor can also cause a writ of fieri facias, or “execution” to issue from the clerk of court to the Sheriff of any county in which property of the debtor is located. These executions act as liens against the debtor’s real property and improvements. The Sheriff can also perform a levy against personal property of the debtor, seizing such property to be sold at periodic auctions, where the funds received are paid to the creditor to satisfy the debt. Where the judgment creditor seeks information regarding the debtor’s assets, it can engage in post-judgment discovery, sending requests for information and documents to be used for collection; and, can force the debtor to sit for a deposition, under oath, where he or she will be questioned regarding their assets and income.

While debtors facing a money judgment have lost many of their rights to contest a debt, the services provided by this law firm still produce very favorable results for clients facing post judgment collection efforts. Most civil collection judgments are “default judgments” where no response was ever made to the lawsuit by the debtor. As a result, many judges do not review these cases with the same attention to detail. Inattentiveness and a lack of knowledge as to the creditor’s burden of proof mean many default judgments are defective and subject to being set aside and vacated, thereby re-opening the case. Further, even post-judgment communications may be subject to the FDCPA. Inaccurate calculation of the current debt amount, over-reaching collection attempts, and other improper conduct can give rise to new FDCPA claims that can be used to obtain a favorable settlement. Inaccurate reporting of credit information after issuance of a judgment can also give rise to claims against the creditor or debt collector.

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