News & Analysis as of

Judgment Debtors

Judgment Creditors, Take Notice: A PRC Court Recognized a U.S. Civil Monetary Judgmentfor the First Time

by Kobre & Kim on

For the first time, a China (PRC) court has recognized a U.S. civil monetary judgment, signaling positive — but not surefire — momentum toward enhanced international judicial assistance for creditors from the PRC....more

Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery

by Dorsey & Whitney LLP on

24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infringement damages has been settled in bankruptcy court. The...more

How Does a Receiver Sell the Homesteaded Home of a Judgment Debtor to Satisfy a Judgment?

by Ervin Cohen & Jessup LLP on

Question: I am a receiver appointed to collect a substantial judgment. The judgment debtor’s home has appreciated since the entry of the judgment five years ago....more

Twist & shout: California appellate court allows reverse veil piercing against LLC

by Thompson Coburn LLP on

The California’s Fourth Appellate District has concluded that “reverse veil piercing” is possible to add a limited liability company to a judgment against the 99 percent owner of that LLC, in a decision that distinguishes...more

Dissipation of Assets May be Tort Under English Law: Marex Financial Limited v. Carlos Sevilleja Garcia [2017] EWHC918

by Bryan Cave on

There is a joke that freezing injunctions are dangerous to heath. They appear to be carcinogenic, as people subject to them often tell the Court they are too ill to engage with proceedings....more

Court Denied Motion To Stay Enforcement of A Turnover Order Against Fiduciary

by Winstead PC on

In In the Estate of Gary, a trial court granted a motion to remove an administrator and later granted a turn over order regarding same. No. 07-16-00421-CV, 2017 Tex. App. LEXIS 1991 (Tex. App.—Amarillo March 8, 2017, no pet....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

Joint accounts - The new shield? - A case review on One Investment and Consultancy Limited and another v Cham Poh Meng (DBS Bank...

by Dentons on

Although the sum involved was small, the High Court’s decision in One Investment and Consultancy Limited and another v Cham Poh Meng (DBS Bank Ltd, garnishee) [2016] SGHC 208 is one which would have a great impact in the area...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

Receiver to Enforce a Judgement: Who Should be Served

by Ervin Cohen & Jessup LLP on

QUESTION: I have been appointed receiver to enforce a judgment. I filed a motion in the case which I served on counsel for the plaintiff (the judgment creditor) and counsel for the defendant (the judgment debtor)....more

New Law May Reduce Amount Subject to Wage Garnishment

by Ervin Cohen & Jessup LLP on

In case you missed it, Senate Bill 501, a law which became effective on July 1, 2016, may reduce the prohibited amount of weekly disposable earnings that may be garnished depending on where the employee...more

Be Sure to Sue Before Your Defendant Moves: Appellate Division Finds No Jurisdiction Over Defendant Company After Sale of Its New...

In Matter of CDR Créances S.A.S. v First Hotels & Resorts Invs., Inc., 2016 Slip Op. 04888 (1st Dep’t June 21, 2016), the Appellate Division reversed a December 11, 2014 Order by New York County Commercial Division Justice...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

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

Middle East focus: the Dubai International Financial Centre as a conduit jurisdiction

by Dentons on

In DNB Bank ASA v. Gulf Eyadah Corporation and Gulf Navigation Holdings PJSC CA 007/2015, the Dubai International Financial Centre (DIFC) Court of Appeal has delivered a landmark judgment which expands the jurisdiction of the...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

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

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

Yaiguaje v Chevron Corporation: Supreme Court releases leading decision on the enforcement of foreign judgments in Canada

by Dentons on

Summary - - Supreme Court of Canada favours a relaxed approach to the recognition and enforcement of foreign judgments in Canada. - For a Canadian court to recognize and enforce a foreign judgment, a judgment...more

You Won Your Case — Now What? SCC to Consider Intersection of Judgment Enforcement and Privacy Rights

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

New Law Provides Gaming Industry with Broader Background Investigation Powers

by Dickinson Wright on

The Nevada Legislature has amended the state’s consumer reporting laws to remove restrictions on the information a credit reporting agency may report to gaming operators. With the passage of Senate Bill 409, a credit...more

Building Contractors Beware!! An Unreported Judgment Can Lead To A Suspension Of Your Contractor’s License And Payment Issues!

by Ervin Cohen & Jessup LLP on

On May 18, 2015, the California Court of Appeals, Second District ruled in Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc. 2015 DJDAR 5486 that a contractor, whose license was suspended for failing to notify the...more

Employers Obtain Relief From Oppressive and Risky Michigan Wage Garnishments

A wage garnishment is a court order that assists plaintiffs with the collection of judgments. Such an order requires an entity to withhold money (i.e., wages) owed to a judgment debtor and divert it to a judgment creditor in...more

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