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Judgment Debtor Questions

A judgment debtor is a party that is ordered by the court to pay a debt. In the event the court awards a monetary award, the debtor must pay the amount. The winner of a suit is called a judgment creditor. This party has the ability to recoup the debt in many different ways, and the court usually assists in the recovery. To learn more about this topic, take a look at the questions below regarding judgment debtors.

I have a judgment that I cannot collect. Can I legally picket a private residence of the judgment debtor? What should I be aware of?

Generally, it is legal to advertise the fact that a judgment debtor owes you money. There wouldn't be any privacy issues due to the fact that it is public record. The First Amendment allows people to picket, however they cannot disturb the peace. There may be restrictions on how, where and when a person can picket. This means that you may be restricted from picketing in front of the judgment debtor's home. Before you attempt to picket the judgment debtor's home, you need to find out if there is anything within the local municipal government that would keep you from doing so. If there are no rules or laws that keep you from picketing the residence, you could picket until a complaint is placed against you for disturbing the peace.

Does a lien or judgment against a company have to be filed in every county in which that company owns an interest, or only in counties the specific lien/judgment pertains to?

It isn't necessary to file a judgment in every county. The judgment can be enforced by issuing a writ of execution or garnishment. For every county that contains the debtor's property, a writ can be issued from the court of the original judgment. The writ will be sent to the sheriff of each county.

In order to place a lien on any property of the debtor, you must first provide the county court of the judgment against the debtor. You will need to go to the court where the original judgment was entered to have an abstract of judgment issued.

What is a judgment debtor exam?

Usually, when a judgment debtor fails to pay a judgment, the court will assist you by forcing the judgment debtor to pay. At this point, you need to approach the court and inform them that the debtor has failed to satisfy the debt. The court would then call for a "judgment debtor exam". This means that the court will require the debtor to expose all assets and where they bank. By doing this, you would then be able to freeze their accounts, seize property with the assistance of the county sheriff's office. You need to go to the clerk of court where you won the judgment for the forms you will need.

To calculate the interest, you can use an interest calculator. You will apply the total figure owed to you up to the time you complete the form. You will need to do this every time you request the help of the court. This is an example of the interest calculator: http://www.bankrate.com/calculators/mortgages/loan-calculator.aspx

If you are a judgment debtor or are facing the possibility of a judgment against you, you should seek the legal insight of an Expert to assist you and answer any questions you may have. You should know what options you have before attempting to face a legal situation alone.

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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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