Judgement May Not Be The End Of Legal Battles Navtaj Chandhoke | http://www.Flipping4Profit.ca | A judge's decision or default judgment, the "winner" will automatically get paid, however, this is not the case. An order from the court is not a guarantee of payment. The process to obtain the monies can get complicated and expensive. Typically, the first step to recover judgment money is to write a letter to the debtor requesting payment and working out a payment plan in order to avoid going back to court. If the debtor, however, is unresponsive and/or uncooperative there are a number of mechanisms that can be used to enforce judgment. The creditor must first determine if the debtor has money, assets that can be seized or sold, or a debt owing to the debtor by a third party such as employment income that can be garnished. The debtor can request this information through an examination in aid of execution in order to determine the creditor's place of employment, income, bank account information, available property, other debts owed etc. After the examination, the primary routes for obtaining the monies are: Garnishment– If the creditor is able to determine the debtor's place of employment, they can obtain a garnishment order. The debtor's employer would be obligated to provide wages to the court, which would then be given to the creditor. A notice of garnishment remains in force for six years and can be renewed if the debt is not paid in full. Writ of Seizure or Sale – A creditor can file a writ of seizure and sale which would be enforced by a sheriff. There is a writ for personal property which are all belongings besides real property and money. And a writ for the seizure and sale of land which is for real property. Essentially, the sheriff would obtain the debtor's belongings, have them sold, and proceeds would go to the creditor. The writ of seizure and sale of land can be particularly effective since it encumbers the land and prevents the debtor from being able to buy or sell land until the debt has been paid off. Professional real estate investors can learn more how to buy property from Sheriff sale of lands. Canadian Real Estate Investment Strategies Apprenticeship is offered by Canadian real estate investment experts. To conclude, obtaining a paper judgment is only step one in what can be a lengthy, expensive and complicated process to obtain the money owed. If the debtor is unemployed and has no assets, it may not even be worth the trouble and cost of litigation to obtain a judgment against them. This is something to consider and should be canvassed with a lawyer prior to commencing a legal action. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
