http://resources.lawinfo.com/en/Legal-FAQs/Judicial-Remedies/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Judicial-Remedies/Federal/what-issues-should-a-creditor-consider-when-d.html The creditor needs to consider the costs involved with pursuing a judgment. Even when attorney fees are contingent upon recovery, additional expenses include court costs and in some cases third party services for investigators, consultants and experts. Further, the creditor should consider the potential expense of defending a counterclaim. Another issue to be considered in deciding whether or not to pursue a judgment is the likelihood of a recovery from the debtor once you obtain your judgment. Whether or not the debtor is solvent is obviously an important factor in determining the likelihood of a successful collection after judgment. However, sometimes it is very difficult to assess the debtor's true financial picture when the collection problem first materializes. Finally, a creditor must always consider the risk of losing regardless of the how valid his claim may be. Judicial Remedies FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Judicial-Remedies/Federal/what-remedies-might-be-available-once-a-credi.html There are several remedies possible once a creditor has filed a lawsuit and prior to receiving a final judgment. Attachment is a court order permitting the creditor to seize the debtor's property. A creditor may utilize this remedy when it is likely that the debtor's assets will not be around when a judgment is obtained. Attachment is restricted to limited circumstances such as when a debtor is about to dispose of the property, when the claim is based on fraud or where a debtor cannot be served with the complaint. The laws that apply to attachment vary from state to state. A hearing is typically required and order of attachment directed to the sheriff. Replevin allows a creditor to recover possession of personal property when the creditor has title to the property or a right of possession. This remedy could apply where property is leased to a consumer who fails to make the monthly payments. Replevin will only be ordered by the court under special circumstances such as when damage or loss of the property is likely. Receivership involves the appointing of a third party by a court to dispose of the debtor's property in order to satisfy the debt. If the remedies described above are not successful, a court judgment must be obtained. This may be obtained after a jury trial or by default if the debtor does not contest the case. If a judgment is ordered, the judgment must then be enforced. Judicial Remedies FAQs Wed, 07 May 2008 13:56:10 GMT http://resources.lawinfo.com/en/Legal-FAQs/Judicial-Remedies/Federal/if-a-case-goes-to-trial-what-does-a-creditor.html A large majority of cases settle before they ever go to trial. For those cases that do go to trial, specific issues of proof will vary from case to case depending on the issues of the case and the transaction. There are some basic matters that must be proved including the following: 1. The creditor received an order from the debtor 2. The creditor and debtor agreed on a price for the merchandise /service that was to be provided. 3. The merchandise was delivered or the service provided. 4. A demand for payment has been made. 5. No payment has been received. The burden of proof is on the creditor to prove the debtor actually owes the money and it may be necessary for the creditor to call witnesses to establish this as well as other contested issues. 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