Enforcement Proceedings

Enforcement Proceedings

There are three common types of enforcement proceedings:

[ 1 ]  EXAMINATIONS: If a judgment creditor does not have enough information about a judgment debtor to commence actual enforcement proceedings then the judgment creditor can compel the judgment debtor to attend at a Debtor’s Examination.  At a Debtor’s Examination the judgment debtor is required to answer any and all questions regarding their finances.  If the judgment debtor continues to refuse to pay voluntarily then the judgment creditor may use the information obtained at the hearing to pursue on of the other two options listed below.

[ 2 ]  GARNISHMENT PROCEEDINGS: A garnishment allows a judgment creditor to intercept any money intended for the judgment creditor that is being or will be issued by third parties.  The two most common types of garnishments are against wages and against bank accounts.

[ 3 ]  WRITS OF SEIZURE AND SALE: Often incorrectly referred to as liens a writ allows a judgment creditor to seize and sell either the real property of the judgment debtor (such as a house or lands) or the personal property of the judgment debtor (such as a car, inventory, etc).