Enforcing Judgments

Question 1

Citation to Discover assets

Answer 1

used to discover

• Real estate
• Car
• Bank accounts
• Jewerly
• investments etc

Question 2

Garnishment

Answer 2

against someone other than the debtor

-grabbing property that belongs to debtor but is in someone else’s hands

Ex: Bank Account

Question 3

Wage garnishment

Answer 3

particuluar form of garnishment for reasons of public policy is more restricted

• the someone else in wage garnishment is the employer

Question 4

Levy

Answer 4

Directly against the debtor

-often use only in context of personal property, involves getting writ of execution, that directs the sherriff to go with judgment creditor, find property, seize it, tell court what they found

Question 5

Can you go to jail for not paying debt?

Answer 5

You cannot go to jail as a debtor for the sole reason on not paying

-BUT if party fails to comply with court order, you can put in civil contempt, and put in jail until they comply with the order

Question 6

Can you compel attendance at the supplemental proceedings?

Answer 6

Yes

Question 7

Wild Card Exemption for debtor

Answer 7

4k exemption applied to any personal property, including bank account

Question 8

can you get money from debtor from their retirement account?

Answer 8

NO

• entire thing is exempted from judgment

Question 9

Home Exemption

Answer 9

15k exemption

Question 10

How to get home of debtor?

Answer 10

record judgment with county record of deeds

• becomes same thing as a mortgage basically, a contingent interest in property, if they dont pay, enforce the judgment just like a mortgage,

Question 11

What is the maximum a creditor can get from a debtor with wage garnishment?

Answer 11

15 percent of gross amount

Question 12

Non wage garnishment

Answer 12

Creditor stands in debtors broke ass Nikes and recovers assets from debtor in the hands of others