Expert: John Varghese - 2/19/2003

Question
"Enforcement of a judgement?:

Hi... I hope you can help!

My father (68 years young) at the brink of retiring, has just lost a suit against him over a contract he had with a client. He has very little assets in his small incorporated business: a car, some brochures, an old desk, and maybe $750 in bank. The judgement is for $12,000 + costs. He is afraid he will lose his car and what little money there is in the bank!

He is worrying himself sick. How can I help? How does a judgement get "enforced"? He received it in the mail and is worried sheriffs will just show up and take his car and seize his bank... virtually taking away his ability to make a living... (He sells building materials for various suppliers!)

What is the process of recovering on a judgement?

Any information you can give me to share with him would be greatly appreciated!

Thanks a bunch,

Martial";  

Answer
Martial,
It is very nice to hear from a daughter who loves her father.
Regarding your Question, in almost every jurisdiction, a judgement in a civil court is not directly enforced. Instead, the decree holder will have to approach the court to get the judgement enforced against the properties of the judgement debtor. Further your father will get enough time to file an appeal to a higher fora,before the judgement gets confirmed. And during the appeal there is every chance that the judgement of the lower court gets stayed until the case is disposed by the higher forum.Even at the stage of the proceedings for enforcement of decree you will get enough opportunity to contest over the method of recovery. So PLEASE DON'T WORRY, but go and meet a local lawyer and arrange for these matters urgently. Every day henceforth will be precious for you.
Regards and praying sincerely that every thing gets right
John