Abstract of Judgment

      When the presiding judge signs a judgment, the Clerk of the Court can provide an Abstract of Judgment. It will show, among other things, the parties to the suit, the case number, the date and amount of judgment, and the post judgment interest rate. The Abstract of Judgment will be helpful in future collection efforts and it can be recorded in the real property records of every county where you think the party who owes you money may have, or is likely to acquire real property.

A properly recorded and indexed Abstract of Judgment will constitute a lien on any real property your debtor owns in any county where the abstract is recorded. That even includes real property acquired after the date of recording.

Writ of Execution

      When landlords successfully evict tenants for nonpayment of rent, they can get a judgment for possession and courts costs. If the landlord was granted a money judgment in addition to possession, the Writ of Execution will also order payment of that amount.

Execution of the Writ

      Execution of a writ usually means that the Sheriff or Constable will call upon the debtor and request payment in full of all monies owed in connection with your judgment. The officer will inform the debtor that the law empowers them to seize any non-exempt property and sell it to satisfy a judgment.
      T he debtor, facing seizure and sale of their property, may simply pay the debt on the spot to the officer , but more often, the debtor quickly ask s for a payment plan, which the owner of the judgment has the right to approve or reject.
      If payment is not made, the officer can levy on enough property to pay the judgment in full, including all fees and any additional costs incurred in auctioning the debtor's property.

Discovery of Assets

      If you have collected rents by check in the past from the tenant, you should have information about their bank accounts. You may also have information about property that the tenant owns.
      In many states the Rules of Civil Procedure provide for the owner of a judgment to engage in post judgment discovery of assets.
You can even take the depositions of third parties, other than the judgment debtor, seeking to ascertain what assets are available to satisfy your judgment and where they are located.

Also see: Garnishment

RHOL members will find significantly more information in our Collecting e-course

The above topics are discussed in more depth
  on our members' Money Judgment page.

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