Learn procedures relating to post-judgment files as well as the collection of money judgments and steps to take in order to locate assets of a judgment debtor.
This material will cover the laws and procedures relating to the collection of money judgments, including an explanation as to the steps a judgment creditor can take to locate assets of a judgment debtor and the court procedures available for attaching a judgment debtor's real or personal property. This topic will also discuss how a debtor's bank account and/or wages can be applied toward payment of the judgment debt. Additionally, the impact of bankruptcy on the rights of a judgment creditor will be analyzed. This topic will benefit lawyers engaged in creditor rights and collection as well as paralegals who assist those attorneys. The material is also appropriate for collection agencies and original creditors who resort to court action for the collection of debts.
Agenda:-
Securing the Judgment
- Filing Judgment Rule
- Effect of Appeal
- Perfecting Lien on Real Property
- Statute of Limitations
Post-Judgment Discovery
- Debtor Examination
- Discovery From Third Parties
- Interrogatories
- Requests to Produce Documents
- Subpoena of Bank Records
- Depositions
Locating Assets
- Internet Sources
- Skip Tracing Vendors
- Work/Bank Search Vendors
- Public Records
Garnishment on Wages
- Federal Exemptions
- State Laws as to Rights to Garnish
- State Law Exemptions
- Continuing in Nature vs. Time Limitation
- Defenses to Garnishment
- Wrongful Garnishment
Attachment on Bank Accounts
- Treasury Regulation Excluding Exempt Funds
- Joint Bank Accounts
- Garnishee Obligations
- How State Law Exemptions Apply
- Judgment Against Garnishee
Execution on Real Estate
- Lien of Judgment
- Joint Title Issues
- Service of Levy
- Notice of Sale
- Public Sale
- Sheriff's Deed
- Priorities
Execution on Personal Property
- Tangible Property
- Intangible Property
- Levy or Leave vs. Levy and Seize
- Expenses of Storage
- Public Sale
- Disposition of Process
Other Remedies
- Charging Order
- Ancillary Relief
- Receiver/Involuntary Bankruptcy
- Fraudulent Conveyance
Effect of Bankruptcy
- Automatic Stay
- Avoidance of Liens
- Unscheduled Debts
- Non-Dischargeable Debts
- Objection to Dischargeability
Ronald S. Canter
Ronald S. Canter, Esq.
The Law Offices of Ronald S. Canter, LLC
- Founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland and has been engaged in the private practice of law since 1980
- A recognized authority on creditors' rights and the regulation of collection practices
- Represented creditors, attorneys, and collection agencies in complex litigation in both federal and state courts
- Successfully prosecuted appeals before state and federal courts on a number of significant issues affecting the credit and collection industry
- Appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first fair debt collection practices case to reach the Supreme Court
- Well known speaker on creditors' rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations; has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues
- Published articles in law reviews and trade publications on creditors' rights issues; was an adjunct professor at the University of Baltimore School of Law and a lecturer on business law at the Robert H. Smith School of Business at the University of Maryland
