When a creditor obtains an Arizona judgment, the first task the Judgment Creditor usually completes is recording the Judgment with the appropriate Arizona County Recorder’s Office, being sure to include a Judgment Debtor...more
New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit,...more
What can you do to collect on a judgment, and when can you do it? And does it matter if you're going after the judgment debtor directly, or after the property of the judgment debtor in the hands of a third party? In a...more
Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
Wanke Industrial, Commercial, Residential, Inc. v. AV Builder Corp., 2020 Cal. App. LEXIS 134, involved a judgment creditor's attempt to enforce its judgment against its judgment debtor's debtor. On appeal, the debtor's...more
A new amendment in New York that restricts the use of judgments by confession will protect debtors and limit the ability of creditors to exploit a loophole. The change prohibits a creditor from filing a confession of...more
Mergenthaler v. Triumph Mortgage Corp., C.A. No. 09C-09-203-AML (November 26, 2018) - This case with a tortured history presented an interesting issue regarding when a creditor is required to renew a judgment in the...more
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
A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor’s assets. When and how can the creditor obtain...more
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