Judgment collections can be very interesting, lucrative and rewarding work. However, with any area of the law, it requires patience, skill and attention to detail. This brand new CLE resource, So You Have A Judgment, Now What? by Rose D. Manos is exactly what you need to give you a primer in this area of practice. This timely book is straightforward and practical because it guides the practitioner to the statutory and case law needed and includes eight sample forms, included on the accompanying CD.
Chapter 1: First Things First
I. Learn About Your Client and the Debtor
II. Evaluate the Collectability of the Judgment
III. Make Sure Your Judgment is Filed Properly
IV. Determine What Exemptions Apply
Chapter 2: Execution
Chapter 3: Supplementary Proceedings
I. What are Supplementary Proceedings?
II. How Do You Obtain Supplementary Proceedings?
III. What Happens in Supplementary Proceedings?
IV. Can a Creditor Conduct Discovery in Supplemental Proceedings?
V. What Property Can Be in Supplementary Proceedings?
VI. Can a Fraudulent Conveyance be Set Aside in Supplementary Proceedings?
VII. Can a Corporate Veil be Pierced in Supplementary Proceedings?
Chapter 4: Judgment Expiration
Chapter 5: Judgment Lien Foreclosure
Chapter 6: The Uniform Enforcement of Foreign Judgments Act
I. Judgments From Other State Courts are Enrolled in South Carolina Under the Uniform Enforcement of Foreign Judgments Act
II. When Does the Ten (10) Year Execution Clock Start Running on a Judgment From Another State Filed in South Carolina?
III. What Happens if a Creditor Tries to Domesticate a Renewed Judgment From Another State in South Carolina?
Chapter 7: Property Encumbered by the Judgment
I. What Property is Encumbered by a Judgment?
II. What Are Charging Orders and How Does a Creditor Get Its Money with a Charging Order?
Chapter 8: Piercing the Corporate Veil
Chapter 9: Fraudulent Conveyances
I. Under What Circumstances Can a Conveyance Be Set Aside?
II. How Long Dies a Creditor Have to Set Aside a Fraudulent Conveyance?
Chapter 10: Receivers
Appendix A: Sample State Court Transcript of Judgment
Appendix B: Sample Copy of District Court Transcript of Judgment
Appendix C: Sample Copy of Bankruptcy Court Transcript of Judgment
Appendix D: Sample Confession of Judgment with Verification
Appendix E: Sample Execution Against Judgment
Appendix F: Sample Petition, Affidavit, Rule to Show Cause, Order and Order of Reference, Notice of Hearing
Appendix G: Sample Motion to Freeze Assets and Order
Appendix H: Sample Notice of Filing Foreign Judgment and Affidavit
Appendix I: Sample Charging Order