News & Analysis as of

Judgment Creditors

State Controller Defeats Judgment Creditor’s Claim To Escheated Funds

by Allen Matkins on

Here is the question: Can a judgment creditor can enforce an assignment issued pursuant to the Enforcement of Judgments Law (CCP § 680.10 et seq.) for escheated property pursuant to the Unclaimed Property Law (CCP § 1500...more

The Alchemist’s Guide to Post-Judgment Collections

In the hectic world of North Carolina civil litigation, the focused practitioner understandably may lose sight of the forest for the individual trees. Analyzing thousands of pages of poorly-copied document production for that...more

Federal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by...

A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign...more

In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

As most litigators will tell you a plaintiff in a civil lawsuit needs to be able to prove both liability and damages to win a case. That is, you need to show both that the defendant is liable under the law and that you have...more

Back to basics: enforcing a judgment in Scotland

by DLA Piper on

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment...more

Focus on Middle East dispute resolution

by Dentons on

The Dubai International Financial Centre as a conduit jurisdiction - In DNB Bank ASA v. Gulf Eyadah Corporation and Gulf Navigation Holdings PJSC CA 007/2015, the DIFC Court of Appeal has delivered a landmark judgment...more

Uniform Wage Garnishment Act Approved by Commission

What employer would not like to reduce its legal risks and administrative costs? The Uniform Law Commission (ULC) presented employers with just that opportunity when on July 13, 2016 it finished three years of studying and...more

The Art of Post-Judgment Collection in Connecticut

by Murtha Cullina on

If you think getting a judgment is difficult, try collecting one…. There is definitely an “art” in collecting money. Especially in Connecticut where there are specific procedures that a judgment creditor will have to take...more

Alabama Court of Civil Appeals Affirms Revival of 11-Year Old Uncollected Judgment Based on Affidavit Testimony of Creditor’s...

by Balch & Bingham LLP on

In Gloor v. BancorpSouth Bank, No. 2140914 (Ala. Civ. App. April 1, 2016), the Alabama Court of Civil Appeals held that a creditor may revive and collect on an unpaid judgment that is older than 10 years, further clarifying a...more

New Amendments to Florida's Proceedings Supplementary Statute Offer Clarity and Guidance for Judgment Creditors

by Baker Donelson on

Chapter 56 of the Florida Statutes provides the framework for judgment creditors to collect amounts owed pursuant to money judgments. Within Chapter 56, Section 56.29 governs the process by which a judgment creditor may seek...more

New Amendments to Florida’s Proceedings Supplementary Statute Provide Clarity and Guidance for Judgment Creditors

by Baker Donelson on

Chapter 56 of the Florida Statutes provides the framework for judgment creditors to collect on money judgments. Section 56.29 governs the process by which a judgment creditor may seek to recover property transferred to, or...more

Enforcement Of EU Member State Judgment

by Allen & Overy LLP on

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

50 Cent Breaks the Golden Rule of Social Media Posting

“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more

Indah Kiat Scheme – Preparation is Key

by White & Case LLP on

The judgment of Snowden J. in the adjournment of the convening hearing relating to a scheme of arrangement (the “Scheme”) proposed by Indah Kiat International Finance Company B.V. (“Indah Kiat”) emphasises some important...more

No Stay of Execution or of Proceedings pending Appeal – insufficient evidence provided regarding funds available to judgment...

by Dentons on

In Catalyst Managerial Services v Libya Africa Investment Portfolio [2015] EWHC 3639 (Comm) the Commercial Court has refused to vary an order requiring the Defendant to make a payment into court of the judgment debt sum or...more

New Delaware Chapter 11 Filing – Restaurants Aquisition I, LLC

by Cole Schotz on

Restaurants Acquisition I, LLC, owner of the Black-eyed Pea and Dixie House restaurant concepts located in Dallas, Texas, has filed a chapter 11 petition before the United States Bankruptcy Court for the District of Delaware....more

Nevada Supreme Court Opines On Scope Of Debtor’s Exemption For Stock

by Allen Matkins on

NRS 78.746 provides that, with several qualifications, the exclusive remedy of judgment creditors with respect to the stock in a relatively closely held corporation is to charge a stockholder’s shares.  To the extent so...more

Examination in England of a Non-Resident Foreign Officer of a Judgment Debtor

by Dechert LLP on

Obtaining a judgment is one thing, enforcing it is another. The location of a judgment debtor’s assets can be unknown or deliberately hidden. A judgment creditor may therefore wish to obtain information from a judgment debtor...more

Recent New York Decisions Bolster Right to Broad Discovery in Aid of Judgments

by King & Spalding on

New York is a key venue for the enforcement of judgments and arbitral awards, and two recent decisions concerning post-judgment discovery demonstrate that while courts will apply their execution and garnishment authority with...more

Invalidation of Georgia Garnishment Statute – Now What?

On September 8, 2015, a federal district court invalidated a portion of the Georgia post-judgment garnishment statute in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga.). Senior Judge Marvin Shoob found that the...more

Accidentally On Purpose: Washington Court Finds Coverage For Contempt Of Court Based On “Misunderstanding”

by Carlton Fields on

Professional liability policies cover claims based on the insured’s alleged negligent acts, errors or omissions, and not claims for “sanctions or penalties” for “willful” professional misconduct. But the insurer’s duty to...more

Health Alert (Australia) - September 14, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 9 September 2015 - Idameneo (No 123) Pty Ltd v Auzcare Pty Ltd [2015] NSWSC...more

New York Appellate Court Limits Application of “Separate Entity Rule” in Post-Judgment Discovery Context

by White & Case LLP on

In In re B&M Kingstone, LLC v. Mega International Commercial Bank Co., Ltd.,1 the New York Supreme Court, Appellate Division, First Department, held that the “separate entity rule” does not insulate a non-US bank’s New York...more

Obtaining or Avoiding a Freeze on a Bank or Other Financial Account Can Require Swift Action or Reaction

by Burns & Levinson LLP on

During the dog days of summer, anything with the word “freeze” may sound appealing. But if the freeze is a “trustee process attachment” (tying up a bank or other institutional account), a whole different set of emotions can...more

Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married...more

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