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Executing on Judgments

by | Mar 12, 2022 | Firm News |

Winning a case and obtaining a judgment in court is not the same thing as money in your pocket. We have all heard the term “judgment proof” and many defendants truly are. That means your judgment is worthless because you cannot collect it. Some defendants simply have no assets. Others can and will file a bankruptcy to wipe out (discharge) your judgment. For these reasons, it is very important to analyze your adversary’s ability to pay a judgment before you commit too many resources to pursuing litigation. That said, many defendants will claim to be judgment proof, when in fact they are not. There are rules that aid a judgment holder in finding and executing upon a defendant’s assets. Understanding the rules and aggressively pursuing your rights may be the difference between collecting your judgment or holding a worthless piece of paper.