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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
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Experience:  Contract questions and Incorporation questions answered.
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Once, I win a verdict as a judgement creditor, how do I find

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Once, I win a verdict as a judgement creditor, how do I find out if defendent has any prior judgement creditors or liens that have priority in getting paid first? They can be in any other state.

Attorney Arcadier : If you are going after the debtors real estate, then the property appraisal has records of any liens on those properties. To garnish his wages, it doesnt matter he got judgment first. It is the first one to file the writ that matters. To find out who else has judgments against him you can hire a background company, and they will show you all judgments of debtor. This service costs about $300
Customer:

He doesn't have wages; he is a self employed professional. Its cash that I' am owed, not real estate. What is my priority here?

Attorney Arcadier : you have equal priority. Doesnt matter who got judgment first.
Customer:

What is difference between being a judgement creditor and filing the writ? How do you file a writ?

Customer:

If i have equal priority, can defendent choose to pay everybody before me?

Attorney Arcadier :

I judgment is a piece of paper signed by a Judge that says defendant owes you money. A writ is an order by the court instructing a sheriff or an employer to do something such as go into his home and take property or order an employer or a bank to give you a certain amount.


 

Attorney Arcadier :

The writ is what controls who gets what first. Date of Judgment is irrelevant.


 

Customer:

I assume the judge who renders the verdict can sign the writ at the same time? In this case, it would be cash from his bank. I presume he can be forced to reveal his bank.

Customer:

I assume the writ is the lien on the bank account?

Attorney Arcadier :

Writ on the bank account is one form of writ. Same judge can sign, but not at same time. Must wait 30 days after judgment to do writ due to appeal timelines. And you would need to send out interrogatories to get information about his bank.


 

Customer:

Are interrogatories Court forms that go to the bank or the defendant? And what if you don't know his bank or bank account?

Customer:

How does the Court know any bank accounts defendant is hiding?

Attorney Arcadier :

Interrogatories are written questions you give to defendant to get information. The court does not know. You or whoever you hire needs to provide info to Court


 

Customer:

In other words, if I don't know his bank, he can refuse or not reveal it to the court.If he lies, is he subject to penalties, fines, perjury?

Customer:

If defendant refuses to or evades giving bank information, what recourse is there?

Attorney Arcadier :

Lying in an in interrogatory is perjury. If he refuses to answer, first you do motion to compel, and then Judge can force him to answer or face jail.


 

Customer:

ok then. that answers questions. What state do practice in?

Customer:

If his bank account is in another state, is the judgement good in that state too?

Attorney Arcadier :

Yes, but you will need to domesticate the Judgment pursuant to the procedures determined by the clerk of court in the State where you need to file.


 

Customer:

what does domesticate the judgement mean? travel to the state?establish residence in the state?...etc?

Customer:

Before I undertake court procedure, need to know how much time and difficulty it can expect to be.

Attorney Arcadier :

Domesticate Judgment means filing the Judgment with the clerk and have a local attorney enter the judgment in the new State. This can all be done by mail. You would need to work with the clerk of Court in the State where you need to file.


 

Customer:

Ok. that answers my questions.

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