One of the worst things a winning party can do after a successful civil case is attempt to collect a monetary award without any assistance. Whether through an attorney or a collection agency, getting help greatly increases the chances of actually getting paid. The opposite is also true. If you need proof, look no further than the many writs of judgment collection.
Writs are legal documents representing court orders. They are very specific to the action being taken, and there are plenty to choose from depending on the goal to be accomplished.
Below are a few examples of some of the writs more common to judgment collection. There are still more that this post will not discuss. If you find it all confusing, you have yet another reason to get help should you ever find yourself on the winning side of a civil lawsuit resulting in a monetary award.
1. Writ of Attachment
A writ of attachment is a legal order that freezes a defendant’s assets either before litigation begins or while it is ongoing. A plaintiff might seek such a writ in order to prevent the defendant from disposing of property that might otherwise be seized and sold for payment.
Such writs are necessary because defense attorneys, suspecting they will lose their court cases, have been known to counsel their clients to begin selling or transferring assets. Defense attorneys might even employ delay tactics to prolong a trial long enough to allow the disposal of major assets. Attorneys for the plaintiff could respond to such action by filing a writ of attachment.
2. Writ of Execution
A writ of execution is a court order authorizing the local sheriff’s department to seize and sell assets. According to the experts at Salt Lake City’s Judgment Collectors, a writ of execution is one of the most powerful tools for motivating a judgment debtor to pay up. It is better to find a way to pay then lose a valuable piece of property.
Judgment Collectors points out that certain property is exempt from a writ of execution. Furthermore, property considered both exempt and nonexempt is determined at the state level. The states have different rules regarding writs of execution.
3. Writ of Garnishment
Perhaps you have heard of wage garnishment? When wages are garnished, they are withheld from a debtor’s paycheck and forwarded to the creditor for payment. Garnishment can only be accomplished with a court order known as a writ of garnishment. A writ of garnishment can be against a debtor’s wages or bank accounts, depending on state law.
4. Writ of Replevin
Next up is the writ of replevin. This is a court order designed to freeze assets believed to be owned wrongfully by the defendant. Imagine a defendant who owns property that was obtained through the very activity for which he is being sued. A writ of replevin can secure that property until after litigation, usually for the purposes of recovering it should the court rule against the defendant.
In closing, it is worth noting that plaintiffs and their attorneys might make use of pre-trial writs to secure property if they believe a defendant will attempt to avoid paying his debts by declaring bankruptcy. Doing so allows a plaintiff to place a legal claim on a defendant’s property prior to both judgment and bankruptcy, thereby increasing the chances of at least some type of payment.
There are so many writs in judgment collection that it can be hard to keep up. Once again, that’s why you might need help to collect a monetary award.
