Asked by Bailey Goodman on Jul 04, 2024

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Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

Successful Litigant

A party that prevails in a legal action, achieving a favorable outcome or judgment in court.

Enforcing Judgment

The legal process of ensuring compliance or execution of a court's decision, often involving measures such as seizing property or garnishing wages to satisfy a financial award.

  • Discuss the methods and challenges associated with enforcing court judgments.
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Nando SalinasJul 07, 2024
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Here students are asked to concentrate on the post-trial enforcement of the judgment. Good students will not only list what can be done but also indicate whether those options are worth pursuing. Obtaining judgment does not ensure payment. It may be foolish to spend money if a "dry" judgment may result. But the judgment is enforceable for a considerable period of time, and the future prospects of the judgment debtor should be considered. An important element of this process is the examination in aid of execution, which can be held where the judgment debtor is examined under oath. Property such as a car or boat can be seized by a court authorized official and sold, with the proceeds being distributed to the creditors. Some types of property are exempt, such as food, clothing, and some furnishings. Funds such as bank accounts and wages can be garnished after judgment. Only a portion of a person's wages can be garnished in this way. The sale of real property such as land and buildings can also be forced to satisfy the judgment debt. The enforcement process is expensive. Students should also note the importance of determining whether any property has been transferred illegally to others and the possibility of bankruptcy freezing with the collection process.