Tuesday, February 22, 2011

Getting your $ - Enforcing a Civil Judgment

For those of you that may have obtained a civil money judgment (whether after a determination of your case on the merits or after an entry of judgment after default), you may have options to pursue the money to which you are entitled.
After providing the judgment debtor (the individual or entity against whom you’ve obtained the judgment) with proper notice, and after the required time passes, there are three primary methods people use to pursue the money that they’re owed:
(1)    Bank Execution: The clerk will sign the execution (which can be filled out on the CT judicial branch website at http://www.jud2.ct.gov/webforms/) and return it to you.  You will then need to get it in the hands of a state marshal who will go to various banks in the area to see if the debtor has any accounts with any non-exempt funds against which your judgment can be satisfied.  Some marshals try more banks than others, so you may want to ask before deciding on one.  Also note that the marshal is entitled to a statutory percentage for his services.
(2)    Personal Property Execution: This is similar (at least procedurally) to a bank execution, except that the marshal will try to find the debtor’s non-exempt personal assets (as opposed to money) that can be used to satisfy your judgment.
(3)    Wage Execution: Finally, you can apply with the clerk for a wage execution.  Once signed, the marshal serves it on the debtor’s employer ordering the employer to make payments directly to the debtor or debtor’s representative.  The amount withheld will be based on a statutory computation determined when the execution is served.
It’s important to note that if the marshal returns any of the above wholly or partially unsatisfied, you still have the other options available.  Just know that the clerk will not issue an execution while one is outstanding.  Finally, this list is not exhaustive, and depending on your situation, other options may be available.

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