News & Analysis as of

Garnishment

Cautionary tales from attempting to pierce the corporate veil – Two recent appellate decisions

by Dentons on

In September 2017, both the Court of Appeal for Ontario and the Federal Court of Appeal (FCA) released decisions that affirm established principles about the separate legal personalities of corporations: Yaiguaje v. Chevron...more

Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

by Rumberger Kirk & Caldwell on

Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this...more

Cash Value of Life Insurance Policy Exempt From Garnishment

by Dickinson Wright on

DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 - Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance...more

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

by Carlton Fields on

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Compliance Rules for Out-of-State Garnishments

A frequent bone of contention for employees/debtors has to do with the implementation of out-of-state garnishments. The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid...more

Arbitration Enforcement? The Potential Expansion of Debt Collection

by Robins Kaplan LLP on

There’s a storm brewing in the Southern District of Florida, and plaintiffs’ attorneys are hoping it rains. Last week, a federal magistrate judge issued an order for the parties to submit supplemental authority on the...more

Missouri Supreme Court Addresses Insurer Intervention, Garnishment Proceedings and Bad Faith Findings

by Williams Venker & Sanders on

Allen v. Bryers and Atain Specialty Insurance Company, — S.W.3d —, 2016 WL 7378560 (Mo. banc, December 20, 2016) In a recent opinion, the Missouri Supreme Court addressed the timing for an insurer’s intervention in a...more

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

Bankruptcy Procedure in the Context of Turnover and Preference Law

by Best Best & Krieger LLP on

In the course of collections activities, a creditor can become singularly focused on aggressively pursuing enforcement of a debt by levying against the debtor’s property or by demanding and receiving payment from the debtor....more

D.C. Circuit Limits Government's Ability to Collect on Personal Debt by Garnishing Assets of Closely Held Corporation, Reverses...

by Womble Bond Dickinson on

On July 8, 2016, the D.C. Circuit clarified the limits of the Federal Debt Collection Procedures Act (FDCPA). The Court held under D.C. and federal law that the government cannot satisfy a judgment against a co-owner and...more

New York Enforcement Update

by King & Spalding on

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Georgia's New Garnishment Code Takes Effect on May 12, 2016

by Taylor English Duma LLP on

On April 12, 2016, Governor Deal signed into law Senate Bill 255 (SB255) which was passed by the Legislature to repeal and replace the existing garnishment code. SB255 was drafted in response to orders from Judge Shoob of the...more

Part II: I Have a Judgment, Now What?: Collecting and Enforcing a Money Judgment Through a Sheriff’s Sale

You won your lawsuit, and now you want to be paid. But how do you get an unwilling defendant to cough up the cash? You have several options. Part I of this series discussed collecting a money judgment through the...more

Burr Alert: Garnishee Bank's "Defenses" Trumped?

by Burr & Forman on

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a first-perfected security interest in collateral beats a later-perfected lien creditor's interest in...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

Georgia Wage Garnishments Resume after Revised Order

by FordHarrison on

Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob...more

Return to Sender: The Boomerang of Garnishment Checks Back to Georgia Employers

by FordHarrison on

Across Georgia, employers are opening their mailboxes to discover that courts have returned checks that employers previously submitted to satisfy garnishment actions. This is the result of decisions by many courts across...more

Big Changes Coming to Michigan’s Garnishment Laws

by Varnum LLP on

On October 1, 2015, thanks to recent changes in the law, there will be several big changes to Michigan's periodic garnishment process. Some changes will benefit creditors who are owed money, some will benefit debtors, and...more

Banking & Financial Services E-Note - September 2015

by Burr & Forman on

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,...more

Federal Court Declares Georgia’s Statutory Garnishment Process Unconstitutional

by Burr & Forman on

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015) (granting summary...more

Menomonie Restaurant Owner in Contempt of Court

Wisconsin Company Held in Contempt for Failure to Provide Information and Pay EEOC's Attorney's Fees - MADISON, WISCONSIN - North Broadway Holdings, Inc., owner of a restaurant previously known as Sparx Restaurant, and...more

Editorial: Defendants Beware - Garnishment Writs Can Be Enforced Before Trial Court Rule

by Bilzin Sumberg on

This case is a 2-1 opinion that allows a judgment creditor to garnish assets in the interim between the moment that a trial judge signs its final order disposing of post-trial motions and the time the final order is rendered...more

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters

by Shearman & Sterling LLP on

The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more

Are Bank Branches in New York the Gateway to Seizure of Foreign Assets: The New York Court of Appeals Reconsiders the Separate...

On September 16, 2014, the New York Court of Appeals heard oral argument on a certified question from the Second Circuit in Motorola Credit Corp. v. Standard Chartered Bank, an important case concerning the application of New...more

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