Judgment Enforcement Practice and Litigation.Except for lawyers whose practices involve substantial collection activity, post-judgment enforcement practice is an area in which most trial lawyers have little experience. The book Judgment Enforcement Practice and Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , therefore, is a very useful reference for an attorney who must locate, obtain, and liquidate To pay and settle the amount of a debt; to convert assets to cash; to aggregate the assets of an insolvent enterprise and calculate its liabilities in order to settle with the debtors and the creditors and apportion the remaining assets, if any, among the stockholders or owners of the assets of a defendant who refuses to pay a judgment. The author, who has more than 20 years' experience as a practicing attorney, most of the time as a trial attorney with the U.S. Department of Justice, has met his goal of providing a "desktop reference for lawyers, paralegals, and business persons, and other professionals needing information about the judgment enforcement process in general, and federal judgment enforcement practice, in particular." A fundamental problem in treating this topic in a single volume is that post-judgment practice is governed primarily by statutes that vary by state. The author wisely avoids the temptation of trying to cover the practice in each state and instead focuses on judgment enforcement practice in the federal courts. The first chapter, which discusses the basics of judgment enforcement practice, is invaluable to anyone commencing judgment enforcement proceedings in federal court. The applicable statutes, rules, and relevant case law are discussed in a straightforward and thorough manner. Reviewing this chapter will save the attorney many hours of research. Subsequent chapters discuss the judgment debtor A party against which an unsatisfied court decision is awarded; a person who is obligated to satisfy a court decision. The term judgment debtor describes a party against which a court has made a monetary award. , discovery of assets, executing on the judgment, avoidance of fraudulent transfers and piercing of the corporate veil, and receivership receivership In law, state of being in the hands of a receiver, a person appointed by the court to administer, conserve, rehabilitate, or liquidate the assets of an insolvent corporation for the protection or relief of creditors. as a collection device. The book contains many handy practice tips and checklists that will aid a plaintiff's attorney plaintiff's attorney n. the attorney who represents a plaintiff (the suing party) in a lawsuit. In lawyer parlance a "plaintiff's attorney" refers to a lawyer who regularly represents persons who are suing for damages, while a lawyer who is regularly chosen by an regardless of the forum in which judgment enforcement is sought. For example, the author includes a checklist for postjudgment discovery from individuals, a corporate debtors' checklist for understanding the debtors' business structure and corporate routines, and a checklist of common schemes used to denude de·nude v. To divest of a covering, as myelin. corporate assets. These checklists reinforce an attorney's effort to leave no stone unturned to do everything that can be done; to use all practicable means to effect an object. to leave nothing untried for accomplishing one's purpose. See also: Stone Unturned when collecting the judgment. The sample form interrogatories Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. for obtaining financial information from individual debtors and information on corporate assets transfers - as well as the sample requests for production of documents - are particularly useful because of the thoroughness and clarity with which they have been drafted. The author devotes a fair amount of space to two topics that most plaintiffs' attorneys may never encounter. The Federal Debt Collection Procedures Act, for example, governs U.S. judgment enforcement remedies and procedures and is of relevance only to attorneys representing the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. or defending clients against actions brought by the United States. Similarly, equity receivership practice in federal court, discussed in the final chapter, is of limited interest to plaintiffs' lawyers. Nevertheless, this discussion is thorough and should prove useful to attorneys who may need to seek appointment of a receiver. The book's coverage of the Fair Debt Collection Practices Act, fraudulent conveyances A transfer of property that is made to swindle, hinder, or delay a creditor, or to put such property beyond his or her reach. For example, a man transfers his bank account to a relative by putting the account in the relative's name. , and piercing of the corporate veil is less complete. The author's discussion of these areas seems too cursory in fight of the intricacies of the statutes and the substantial body of relevant case law. Judgment Enforcement Practice and Litigation is a worthwhile addition to the library of trial lawyers seeking reliable guidance on tracking down and liquidating assets of a defendant who won't pay a judgment. |
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