Judgment Debtors

News & Analysis as of

New York High Court Shields Banks from Certain Direct Actions by Debtors

On November 21, 2013, the New York Court of Appeals, in response to a certified question from the U.S. Circuit Court of Appeals for the Second Circuit, ended the long-running debate over whether a separate, private plenary...more

Simply Getting Stiffed On A Judgment May Be An Inequitable Result

What happens when you sue someone who is judgment proof? One solution may be to ask the trial court to amend the judgment to add additional judgment debtors. Now, it may seem unusual to be able to add judgment debtors who...more

Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

A judgment creditor sought to domesticate and enforce foreign judgment in Florida. The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor...more

Alter Ego – “Easy To State But Difficult To Apply”

Yesterday, the California Court of Appeal found substantial evidence in the record to uphold a trial court’s decision to add an affiliated corporation as a judgment debtor under the “single enterprise” theory. Toho-Towa Co.,...more

Rogers Towers: Post-Judgment Recovery of Attorney’s Fees and Costs

One of the issues faced by a judgment creditor in pursuing collection of the judgment is the amount of attorney’s fees and costs that will be incurred in the collection efforts. They can be substantial and are generally not...more

Using Recievers to Collect Judgments Against Intellectual Property Assets

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more

Fourth Circuit Refuses to Pierce the Corporate Veil in Oil Spill Case

The US Court of Appeals for the Fourth Circuit has refused to enforce a judgment against an entity with ties to the judgment debtor, finding that the judgment creditor had not adequately pled an alter ego claim....more

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