When people get a court ordered judgment, they often believe that the battle is over and that they will soon be receiving the compensation they are owed. However, enforcing a judgment can sometimes be just as difficult as winning it in the first place. This is where attorneys come in. In this article, we’ll explore what happens when attorneys enforce judgments and how they go about doing so.
First, it is important to understand what a judgment is and how it is obtained. A judgment is a court order that requires one party to pay money or perform a certain action to another party. In order to obtain a judgment, a lawsuit must be filed and won. If the judgment is in your favor, the court will issue an order requiring the other party to pay you the amount of money owed.
Once a judgment is obtained, the winning party may still have difficulty collecting the money owed. In some cases, the losing party may refuse to pay, claiming that they don’t have the funds or that the judgment was wrongly entered against them. In other cases, the losing party may simply disappear or declare bankruptcy to avoid payment.
This is where attorneys who specialize in enforcing judgments come in. These attorneys have expertise in collecting money owed to their clients and can use a variety of legal tactics to do so. Here are some of the common ways that attorneys enforce judgments:
Wage Garnishment
One of the most common ways that attorneys enforce judgments is through wage garnishment. This involves having the court issue an order that requires the losing party’s employer to withhold a portion of their wages and pay it directly to the winning party. This can be an effective way to collect money owed, as it ensures that the payments are made on a regular basis until the debt is paid off.
Levy on Bank Accounts
Another way that attorneys enforce judgments is by placing a levy on the losing party’s bank accounts. This involves having the court issue an order that freezes the bank account and prevents the losing party from accessing their funds. The funds in the account can then be used to pay off the judgment. This can be a powerful tool, as it can force the losing party to pay the judgment in order to regain access to their funds.
Property Liens
Attorneys can also enforce judgments by placing liens on the losing party’s property. This means that the winning party has a claim against any real estate owned by the losing party. If the property is sold, the winning party can collect the amount owed from the proceeds of the sale. This can be an effective way to collect money owed, as it can often force the losing party to pay the judgment in order to clear the lien on their property.
Asset Seizures
In some cases, attorneys may be able to seize assets owned by the losing party in order to satisfy the judgment. This can include seizing vehicles, boats, and other valuable property. This tactic can be especially effective when the losing party has a high value asset that can be easily sold to pay the judgment.
Contempt Proceedings
If the losing party refuses to comply with the court’s order to pay the judgment, attorneys can initiate contempt proceedings. This involves asking the court to hold the losing party in contempt for failing to obey the court’s order. If the court agrees, the losing party can be fined or even jailed until they comply with the order.
In some cases, attorneys may use a combination of these tactics in order to enforce a judgment. For example, they may initially try wage garnishment and property liens, but if these tactics are not effective, they may move on to asset seizures or contempt proceedings.
It is important to note that enforcing a judgment can be a lengthy and sometimes complicated process. It often requires the assistance of an experienced attorney who understands the legal system and knows how to navigate the various legal tactics that can be used to enforce a judgment. While it may be frustrating to have to go to these lengths to collect the money that is owed to you, it is often necessary in order to protect your legal rights.
In addition to utilizing legal tactics to enforce a judgment, attorneys may also try to negotiate a settlement with the losing party. This can involve working with the losing party to come up with a payment plan that is manageable for both parties. While this may not be the ideal outcome, it can be a good solution when the losing party is willing to work with the winning party to satisfy the judgment.
In conclusion, enforcing a judgment can be a difficult and sometimes complicated process. It requires the assistance of an experienced attorney who understands the legal system and knows how to navigate the various legal tactics that can be used to enforce a judgment. If you have won a judgment and are having trouble collecting the money owed to you, it is important to contact an attorney who specializes in enforcing judgments. They can review your case and help you determine the best course of action to ensure that you receive the compensation you are owed.