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Judgment Creditors

Freiberger Haber LLP

Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process

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By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more

Jaburg Wilk

If I forget to Record My Affidavit of Renewal, Will I Lose My Priority Spot?

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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

Emmet, Marvin & Martin LLP

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

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

Ward and Smith, P.A.

When Can You Freeze and Seize a Judgment Debtor’s Bank Account?

Ward and Smith, P.A. on

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

Latham & Watkins LLP

New Law to Expand Reciprocal Recognition and Enforcement of Civil Judgments Between Mainland and Hong Kong

Latham & Watkins LLP on

The new law is expected to overcome jurisdictional barriers and better promote business interactions in Mainland China and Hong Kong. Key Points: ..Hong Kong recently passed a new law to enact a January 2019...more

Patton Sullivan Brodehl LLP

LLC “Lien Priority” Battle: Charging Order vs. UCC Financing Statement

A charging order is a device used by a judgment creditor to collect on a judgment against an LLC member. The charging order imposes a lien on the judgment debtor’s economic (or “transferable”) interest in the LLC — the order...more

Lewis Roca

New Arizona Law Expands Rights of Judgment Creditors

Lewis Roca on

A new law in Arizona, HB 2617, makes significant changes to Arizona’s homestead exemption and expands the rights of judgment creditors. The law went into effect on January 1, 2022, but creditors with judgments entered before...more

Ervin Cohen & Jessup LLP

Getting A Receiver In Aid Of Execution Just Got A Lot Harder

Q: I have a large judgment against a wiley debtor. While I was able to execute on some of his bank accounts, the road to his other assets, which I know he owns or controls, has gone cold....more

Butler Snow LLP

How to Attack a Negative Net Worth Affidavit, Part II: A Case Study

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In Part I of this two-part series, we covered the basic procedure for attacking a negative net-worth affidavit filed to supersede a money judgment. This post offers a case study for successfully applying that procedure and...more

Butler Snow LLP

How to Attack a Negative Net-Worth Affidavit, Part I: The Procedure

Butler Snow LLP on

You’ve obtained a money judgment, and your client is anxious to get paid. The judgment debtor files a notice of appeal and an affidavit claiming it has a negative net worth. The judgment debtor argues it is entitled to...more

Ward and Smith, P.A.

Pushing the Limits: Nielson v. Schmoke Clarifies the Outer Limits of Domesticating Foreign Judgments

Ward and Smith, P.A. on

The North Carolina Court of Appeals issued a decision recently, providing clarity on how much time creditors have to domesticate a foreign judgment to North Carolina.  While the current statutory framework may appear...more

Freeman Law

Fraudulent Transfers Under Texas Law

Freeman Law on

Texas law prohibits a debtor who is subject to a valid judgment from moving assets out of reach of creditors in order to hinder, delay, or defraud a judgment creditor. This legal restriction applies even if the transfer takes...more

Parker Poe Adams & Bernstein LLP

North Carolina: A Great Place To Pursue Old Judgments From Other States

Got any old judgments you were hoping to collect? If so, you may want to take a hard look at pursuing collection in North Carolina. An August 3 ruling from the North Carolina Court of Appeals regarding out of state judgments...more

Allen Matkins

Federal Court Rules Alter Ego Liability Of Members Is Governed By State Of Formation

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In an opinion issued last week, U.S. District Court Edward M. Chen ruled that Ohio law applied to an alter ego claim against the members of an Ohio limited liability company.  Greenlight Sys., LLC v. Breckenfelder, 2021 U.S....more

Jaburg Wilk

Using Credit Reporting as Debt Collection Strategy Has Changed

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Credit scores are important and frequently determine interest rates and can even impact insurance rates. For many years, judgment creditors could enforce their judgments in a variety of ways. Prior to 2017, judgment creditors...more

Patton Sullivan Brodehl LLP

Purchaser Has No “Notice” from an Erroneous Abstract of Judgment

A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt. The abstract usually does not identify specific property.  As long as it properly...more

McGlinchey Stafford

Am I a party entitled to enforce a promissory note?

McGlinchey Stafford on

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

Rosenberg Martin Greenberg LLP

Can I Garnish That Joint Bank Account? That May Depend On What The Term “Judgment” Means

Does a creditor who obtains a judgment against a debtor in Florida and then records that judgment in Maryland have a single judgment that it can enforce in Florida and Maryland or a Florida judgment and a separate Maryland...more

Moritt Hock & Hamroff LLP

New York's New Confession of Judgement Law & The Unintended Consequences of Its Residency Requirements

A recent amendment to the Confession of Judgment law in New York State could have a significant effect on litigation and settlement strategies for creditors who do business with companies and/or individuals who are non-New...more

Smith Debnam Narron Drake Saintsing & Myers,...

Creditors See NC Appeals Court Ruling as Possible Game-Changer

As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often,...more

Patton Sullivan Brodehl LLP

“Reverse Veil Piercing” to Reach an LLC’s Assets

“Piercing the corporate veil” — also referred to as “alter ego” liability — is a familiar concept under California law. Ordinarily, a corporation or other entity (such as an LLC) is considered a legal entity separate and...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Franchise Tax Board of California v. Hyatt

On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts. In Nevada v. Hall, 440 U.S. 410...more

Rosenberg Martin Greenberg LLP

In re: Titus – Fraudulent Conveyance Law Defeats Exemption Rights

Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of...more

Morris James LLP

Superior Court Holds that Judgment Creditors Required to Renew Judgments Every Five Years Under 10 Del. C. § 5072

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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

Jones Day

From the Top in Brief: U.S. Supreme Court Clarifies Whether Debts Based on False Statements Can Be Discharged in Bankruptcy

Jones Day on

On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S. June 4, 2018), that an individual debtor's false statement about a single asset, as...more

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