Attorneys

A judgment can be enforced by taking the debtor's property in an amount equal to the total debt. Initially, the judgment creditor must obtain a Writ of Execution, which typically contains an order directing the local Sheriff or other official to enforce the judgment. Creditors usually use a sheriff or other official to actually seize the property. The sheriff takes the property by what is referred to as a levy. An example of a levy would be the recordation of a lien on real property. A levy can also be the actual physical seizure of the personal property. Property that may be subject to a levy could include money in a bank account, personal property owned by the debtor, a vehicle owned by the debtor, real property owned by the debtor, etc. A judgment can be enforced by public sale of the debtor's property. In order to do so, a court order must be obtained specifying the property to be seized and sold. Some states have limited this remedy, including states that exempt the debtor's home. The remedy of garnishment is a claim on the property of a third party owing a debt to the principal debtor. For example, a creditor may apply for and obtain an Order for Wage Garnishment ordering the debtor's employer to pay a portion of the debtor's wages to the creditor. There are many limitations on the remedy of garnishment that vary from state to state.

Collections-Creditors Rights Sub-categories

Chex Systems Collections Creditor Remedies in Bankruptcy Debt Collections Fair Credit Reporting Act Fair Debt Collection Practices Act

Identity Theft Judicial Remedies Mortgage Foreclosure Non-Judicial Remedies Secured Transactions Types of Creditors