How do I execute and levy against property owned by a judgment debtor?
execute levy collections
How do I execute and levy against property owned by a judgment debtor?
Under execution and levy, property of the judgment debtor is taken from him/her and either delivered to the judgment creditor or sold with the proceeds of the sale delivered to the judgment creditor. Since the law abhors self-help in these situations (a judgment creditor should never personally take property away from a judgment debtor except with permission), the judgment creditor must take certain steps and get the assistance of law enforcement personnel to perform the levy.
The first step is for the judgment creditor to obtain a Writ of Execution. A Writ of Execution is similar to an Abstract of Judgment in that it states information about the judgment creditor, the judgment debtor and the judgment itself. It differs from an Abstract of Judgment in that a Writ of Execution typically contains an order from the court directing the local Sheriff or Marshal to enforce the judgment together with interest and allowable costs. The Writ of Execution is typically issued by the Clerk of Court where the judgment was obtained.
The next step is to deliver the Writ of Execution to the Levying Officer (usually a Sheriff, Marshal or Registered Process Server) together with instructions on what property is to be levied. Examples of typical property subject to levy include:
money in a deposit account;
personal property owned by the judgment debtor in the judgment debtor’s possession;
personal property owned by the judgment debtor in a third parties’ possession;
a vehicle or vessel owned by the judgment debtor;
the debtor’s interest in personal property of a decedent’s estate; and
accounts receivable, chattel paper, instruments, and negotiable documents of title owned by the judgment debtor.
Upon levy, the Levying Officer delivers to the judgment debtor a copy of the Writ of Execution, a notice of levy and a form listing exemption to levy. The Levying Officer then takes such property into his/her possession and waits a period of time to allow the judgment debtor to file a claim of exemption. If the judgment debtor does not file a claim of exemption (or if the claim of exemption is denied), the property is sold at a noticed public auction and the proceeds delivered to the judgment creditor.
(Reviewed 11.10.08)
Categories: Bankruptcy laws Tags: estate
What is enforcement of judgments?
enforcement judgment collections
What is enforcement of judgments?
A judgment is the official decision of a court of law in a lawsuit. A final judgment resolves the issues involved in the lawsuit, and determines the rights and obligations that each party in the lawsuit has.
In criminal law, a judgment is enforced by the government. The judgment in a criminal matter often results in the imposition of a sentence, which the authorities of the government enforce. Defendants can be ordered to pay a fine, be put on probation, or can be sent to jail.
In civil law, enforcement of the judgment is left to the parties of the lawsuit. When one party to a lawsuit does not comply with the judgment issued by the court, it is up to the other party to seek relief, that is, obtain the settlement granted by the court.
Enforcement of a civil judgment arises when a money judgment or order for support is not paid. Although most people comply with a judgment issued by a court, some people simply ignore the judgment and do not pay. When a person does not pay, enforcement of the judgment is required.
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Can assignments and licenses of copyrights be limited in terms of time, geography, or type of use?
Assignments Copyright Licenses Copyright Law Intellectual Property
Can assignments and licenses of copyrights be limited in terms of time, geography, or type of use?
Yes. If you own a copyright you can limit the time, scope, sphere, and nature of any assignments you make.
You may impose time limits (for example, “until December 31, 2009″), or territorial limits (for example, “in Canada, in the United States west of the Mississippi only and in Japan”), or media limits (such as “print only” or “electronically on the Web only”), and so forth.
If you require or accept use limitations, make sure that they are reviewed by an experienced intellectual property lawyer and very clearly defined.
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Categories: Intellectual Property Laws Tags: Ada, C, example
I have to give a deposition in my divorce case. What is a deposition and what’s going to happen?
What Is Deposition Divorce Law
I have to give a deposition in my divorce case. What is a deposition and what’s going to happen?
In most civil actions, including divorce cases in many states, both parties have the right to engage in “discovery” to gather facts from the other party, and sometimes from third party witnesses. A deposition is a type of discovery in which the lawyer for a party takes your testimony.
At the deposition you will be put under oath, just as you would be in a court, and a lawyer, in this case your spouse’s lawyer, can ask you a wide range of questions relating to the case. The lawyer’s questions, and your answers, will be taken down by a court reporter, and possibly be tape recorded and/or video-taped. A deposition is important and is not something to be laughed off. It was at a deposition in the Paula Jones sexual harassment case that President Clinton denied that he had “sexual relations” with Monica Lewinsky. The result was charges of perjury and obstruction of justice in his impeachment by the House of Representatives (although he was acquitted of those charges by the Senate), a finding that he was in contempt of court by the Federal Judge supervising the deposition (resulting in an enormous financial penalty), and disbarment proceedings in Arkansas.
Any “admissions” in the testimony you give will likely be introduced against you by the other side at the trial or in a motion before trial. Further, your testimony at the deposition will likely be used to cross-examine you if your testimony at trial varies in even the slightest detail from the testimony at the deposition. (“Didn’t you say X then and Y now? Was your memory better then or now? Were you lying then or are you lying now?”) In addition, if for any lawful reason a person who testifies at a deposition is not available at time of the trial, deposition testimony generally may be used as evidence.
At some depositions the witness or party may also be required to bring specified documents and records, and allow counsel for the parties to review them, to assist asking questions. For example, if there is an issue about what happened on a specified date, your adversary’s lawyer may ask that you bring your diary or calendar so you or they can refer to it, and refresh your recollection, so that it is harder to say “I don’t remember.”
You have the right to have your lawyer present at the deposition, and you definitely should. Your lawyer will help you protect your interests. First and foremost, your lawyer should spend time reviewing the facts with you and preparing you to give a deposition. A deposition is NOT a social conversation. Your lawyer will tell you to listen very carefully to each question and then answer it, and not to volunteer anything or raise other issues. Your lawyer will tell you that if you do not understand the question, ask for a clarification. Your lawyer may object to questions that are vague, improper, misleading, or irrelevant in that they do not relate to the specific case. The lawyer can also prevent the other side from using the deposition to harass you, or turning it into a fishing expedition. In addition, your lawyer may be able to assist you to avoid unnecessarily making statements that will damage your case. In addition, at the end of the questioning by the other side, your lawyer can ask you questions that may bring out, clarify or better present your side of the story.
The proper purpose of a deposition is to gather background and evidence and lock in the stories of the parties and the witness. By getting all the facts which the person may know down on paper, and obtaining whatever helpful admissions are possible from the other side, the lawyers can better prepare the case for trial. In some instances the testimony from the deposition will be used as part of a motion seeking judgment without a trial (such as “summary judgment”), or limit the matters that have to be presented at trial, or create an opportunity for the parties to settle the lawsuit.
The lawyer for the other side will also use the deposition session to evaluate how you are likely to appear to a jury. (Will you, in their opinion, appear likeable and believable, in command of the facts and able to express them clearly? Or might you come across as untruthful, defensive, evasive or arrogant?) That helps them determine whether they want to take the case to trial or what they will offer to avoid going to trial. Similarly, your lawyer will be able to assess your appearance under pressure, and be better able to advise you what you should do in terms of accepting an offer to get the case settled.
There is never a jury present at a deposition, and the number of times a judge is present is tiny (the exception that proves the rule was President Clinton’s ill-fated deposition). However, the lawyers may call a judge or another court officer if a dispute arises about whether you have to answer a particular question. Your adversary generally may attend your deposition, just as you generally may attend the deposition of other parties or witnesses in your case.
After the deposition is over, the court reporter will type out the transcript of the questions and answers, and all parties will receive copies. You will have the opportunity to review the record and make corrections, but generally the reporter’s word will prevail. (In major cases, where cost is not an object, both sides may have their own court reporters present.) The original may be filed with the court, and become publicly available, depending on the rules of the court or state.
Your deposition, when properly handled, can go a long way in assisting your lawyer in the litigation either by way of settlement or at the trial. What you do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance, as well as the facts and skill of the other side’s lawyer.
Click here for a helpful article on depositions.
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Categories: Family Law FAQ Tags: lawyers
Njnoparentalconsent – What is the age without parental consent in new jersey?
What is the age without parental consent in new jersey?
Male: 18
Female: 18
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What is the age without parental consent in virginia?
What is the age without parental consent in virginia?
Male: 18
Female: 18
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CPSC Gets Long Overdue Overhaul
Cpsc Gets Overhaul Defective Products
CPSC Gets Long Overdue Overhaul
The Consumer Product Safety Commission (CPSC) is getting a long overdue overhaul with the passage of the Consumer Product Safety Improvement Act of 2008. Both houses of Congress have allegedly agreed to the terms of the Act and its passage is likely.
CPSC had been ignored
According to its website, www.cpsc.gov, the CPSC is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency’s jurisdiction. These include toys, all terrain vehicles (ATVs), power tools, household chemicals and many more products that may pose dangers to consumers.
However, it had been many years since anyone paid attention to the CPSC – until lead paint started showing up in children’s toys that were manufactured in China. Even some of the CPSC’s own employees complained about not being given the proper resources to get their jobs done. All of that is about to change with the Consumer Product Safety Improvement Act of 2008.
What the Act will do
Key provisions of the bill include tougher safety standards for 12 categories of juvenile products and requirements that manufacturers include product registration cards so that consumers can more easily be reached in the event of a recall. The Commission will also be given more resources, a bigger budget, a new laboratory and computer system to effectively protect consumers from unsafe goods.
These changes will allow the CPSC to:
Establish a publicly-accessible database to help consumers report and learn about the hazards posed by unsafe products;
Create safety standards for ATVs;
Eliminate lead from all children’s products;
Change the toy safety standard for which compliance has been voluntary. This will become mandatory and protect children from hazards not currently covered in federal regulation. Safety testing on toys and children’s products will also be required by independent laboratories before they are sold.
The changes will also allow the CPSC to go after manufacturers who do not comply with the rules as the limit on civil penalties that the CPSC can levy on wrongdoers has been significantly increased. It will also give each state’s Attorney General the necessary authority to enforce products safety laws.
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Categories: Personal Injury Laws Tags: consumer, injury
I heard the screech of the car brakes outside when my son was struck by a car while riding his bike. Am I entitled to damages for my pain and suffering?
Bystander Emotional Suffering Injury Law
I heard the screech of the car brakes outside when my son was struck by a car while riding his bike. Am I entitled to damages for my pain and suffering?
A claim for pain and suffering based on being a “bystander” at an accident rather than the direct victim of the accident is brought as a claim for negligent infliction of emotional distress (NIED). The framework for “bystander” recovery comes from the California case, Dillion v. Legg, which involved a mother who witnessed the death of her daughter and suffered severe emotional distress as a result. The law has narrowed somewhat in the last 15 to 20 years, and states do vary a bit on the theme, with some jurisdictions not excepting it at all. But generally, if you have a close familial relationship to the injured party, and you are a witness to the accident, and you have experienced emotional distress from “sensory and contemporaneous observance of the accident as contrasted with learning of the accident . . . after its occurrence,” that is, having seen or in some states, just heard the accident, you are entitled to recovery for your injury. Many cases have further defined “witnessing an accident,” as being present at the scene and aware that something is injuring the victim. Again, states vary, so please consult an attorney in your area.
To be successful on a NIED claim, it must be proven that the “plaintiff: (1) is closely related to the injury victim; (2) is present at the scene of the injury-producing event at the time it occurs and is then aware that it is causing injury to the victim; and (3) as a result suffers serious emotional distress–a reaction beyond that which would be anticipated in a disinterested witness and which is not an abnormal response to the circumstances.” (Thing v. La Chusa). To prevail, you’ll need to provide records from your physician or psychologist regarding your diagnosis and treatment. The responsible party may also ask for an independent psychological or psychiatric examination with a practitioner of their choice. In addition, you will likely have your deposition taken (testimony under oath, not in a courtroom). The opposing party will be trying to establish whether or not you have any pre-existing mental health issues, so you must be prepared to answer questions about your mental health prior to the accident.
You will also be asked questions about your son, whether or not he was being supervised at the time of the accident and by whom, to try to establish whether you may bear some responsibility for the accident yourself. In some states, if you were partially responsible, you would be barred from recovering anything for your emotional distress. (Contributory negligence) In other states, your recovery would be reduced by a percentage. (Comparative negligence) A qualified attorney will be able to tell you what the law is in your particular state.
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Categories: Personal Injury Laws Tags: accident, C, injury
How do I obtain wage garnishment against a judgment debtor?
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How do I obtain wage garnishment against a judgment debtor?
Under wage garnishment, the employer of a judgment debtor is directed to withhold a portion of the judgment debtor’s wages earned (typically up to 25% for a money judgment or up to 50% of an order for support) and then make this payment directly to the judgment creditor.
Just like execution and levy against property, the first step typically is to obtain a Writ of Execution from the Clerk of the court which issued the judgment. In addition, an Application and Order for Wage Garnishment is completed and obtained. An Order of Wage Garnishment is a specific order issued by a court directly the employer to withhold earnings of the judgment debtor and to make payment of all amounts withheld directly to the judgment debtor.
Once obtained, the judgment creditor must have the Order of Wage Garnishment served upon the employer. Should an employer who has been properly served with an Order of Wage Garnishment fail to comply with the order, typically the employer can then be held responsible for any amount which should have been withheld from the judgment debtor’s pay check.
(Reviewed 11.10.08)
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How do I write a copyright notice?
Copyright Mark Protection Copyright Law Intellectual Property
How do I write a copyright notice?
(c) [Date of First Publication/Creation] [Owner Name] ,All rights reserved.
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Categories: Intellectual Property Laws Tags: C