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Be Clear with your Client - Wanda Steudel/OH
10/5/2005 5:13:39 PM (2576 views)
Re: Be Clear with your Client - David Bloys/TX
10/5/2005 5:36:10 PM (3708 views)
Re: Be Clear with your Client - Scott Perry/PA
10/5/2005 7:17:55 PM (4015 views)
Re: Be Clear with your Client - David Bloys/TX
10/5/2005 8:26:52 PM (5153 views)
Re: Be Clear with your Client - Scott Perry/PA
10/5/2005 10:30:11 PM (3780 views)
Re: Be Clear with your Client - Kurt deVries/FL
10/6/2005 11:25:11 AM (3708 views)
Re: Be Clear with your Client - Robert Franco/OH
10/6/2005 11:38:24 AM (3626 views)
Re: Be Clear with your Client - Wanda Steudel/OH
10/6/2005 1:02:20 PM (3668 views)
Re: Be Clear with your Client - Larry Crooks/OH
10/10/2005 5:01:33 PM (3592 views)

2005 Independent Examiner Report Weekend Interviews - Jarrod Clabaugh/OH
10/4/2005 11:12:02 AM (2218 views)

PLAT MAPS? - Rebecca Barney/FL
10/4/2005 9:24:49 AM (2762 views)
Re: PLAT MAPS? - Julie Jasiunas/WI
10/4/2005 9:33:53 AM (3796 views)
Re: PLAT MAPS? - David Bloys/TX
10/4/2005 11:24:48 AM (3674 views)
Re: PLAT MAPS? - Rebecca Barney/FL
10/4/2005 11:32:32 AM (3629 views)
Re: PLAT MAPS? - Danielle Nelson/WI
10/4/2005 12:14:21 PM (3630 views)
Re: PLAT MAPS? - george Hubka/MI
10/4/2005 11:08:16 PM (3702 views)
Re: PLAT MAPS? - Helene/GA
10/4/2005 11:31:56 PM (3618 views)
Re: PLAT MAPS? - Lisa Ramsey/TX
10/4/2005 11:46:46 PM (3646 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:37:04 AM (3667 views)
Re: PLAT MAPS? - Helga Hinck/NH
10/5/2005 12:02:56 PM (3640 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:08:45 PM (3650 views)
Re: PLAT MAPS? - LAWANDA MCMILLIAN/AR
10/5/2005 3:25:11 PM (3609 views)
Re: PLAT MAPS? - Douglas Gallant/OH
10/5/2005 5:13:32 PM (3559 views)
Re: PLAT MAPS? - Matthew DeLand/NY
10/7/2005 9:46:53 AM (3684 views)
Re: PLAT MAPS? - STEVE MEINECKE/VA
10/14/2005 9:53:38 PM (3488 views)

Hello - Ricky Farrow/FL
10/3/2005 7:30:38 PM (2196 views)

Resolution to India Call - Jason Sheppard/PA
10/3/2005 11:55:48 AM (2598 views)
Re: Resolution to India Call - Jason Sheppard/PA
10/5/2005 11:04:09 AM (3528 views)




First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (2775 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (3961 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (3800 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (3847 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (3882 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (3778 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (3694 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (3656 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (3691 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (3624 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (3593 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (3631 views)

Thank you, Wanda. There may be a way around the bankruptcy issue for you in the future. If your state allows prejudgment remedies, you can begin the suit by attaching your opponant's non-exempt real estate, personal property or garnishing his bank account or accounts receivable held by his clients. This assures you that there is something there to pay the judgment at the end of the case.

If the defendant goes bankrupt the attachment/garmishment makes you a secured creditor rather than unsecured. Although you may have secured priority creditors in line ahead of you, you still come in ahead of all the unsecured creditors on the list of those to be paid. The one exception is if your opponant files for bankruptcy within a certain number of days following perfecting your attachment/garnishment. In this case  your secured position would be set aside by the court as a preferential transfer. I do not practice in the area of bankruptcy. The law has recently changed and the number of days in which to set it aside may also have changed, but in most cases it is still a very valuable tool.

When you kick off the case with a prejudgment remedy very often the Defendant wants to pay you immediately rather than have the cash flow to his business interrupted or suffer embarrassment in front of his clients if you elect to garnish his receivables. In which event you would notify his clients to freeze the funds owed to your opponant in an amount equal to the debt owed to you. You will need a lawyer to make certain that you have observed all of the attachment/garnishment procedures, but it is worth the expense. You may also have statutory or common law causes of action available to you in your state which may allow you to recover attorney's fees.

In the event that you have won the case, but the defendant still refuses to pay you, most states have a variety of post judgment remedies. In Connecticut we have judgment liens to freeze the Defendant's assets. We also have wage, property and bank executions to seize property. There is also foreclosure of judgment liens on real estate.

If you are unable to find your opponant's hidden assets in order to pay your judgment, Connecticut has a procedure for examination of judgment debtor to locate his bank accounts, property, etc. If he fails to show up for the examination, a capias is issued upon plaintiff's motion for the arrest and detention of the judgment debtor until the next court date for his examination. It could be 30 to 60 days before I choose to schedule the examination up on a motion calendar again. In the mean time the judgment debtor sits in a jail cell until that date or he pays the judgment.

I had a case about ten years ago in which the judgment debtor failed to appear for examination of his assets. I had a capias issued, and sent a marshal out after him. The debtor refused to answer the door. The marshal knew he was in the house because his car was parked in the drive way, and the curtains in the windows were moving when the debtor looked out. The marshal parked in front of his house, and kept him a prisoner for four hours. Eventually the debtor tried to sneak out one of the windows . The marshal caught him and arrested him. It was amazing how fast the funds suddently appeared to pay the judgment. The marshal also charged the debtor a fee for his services in making the arrest. It kind of added insult to injury, but it solved the problem.

The point is that there is a vast range of remedies available for slow pay/no pay clients. Abstractors do not have to listen to excuses and delaying tactics. 

I should mention that in my earlier response to Wanda's posting above I was talking about slow pay/no pay clients in general rather than any title company or business entity in particular. There are of course legitimate clients that are experiencing difficulties, and do make an effort to enter into payment schedules to pay down their debt. If they exhibit some honest effort to pay the debt down without the need for litigation, the courtesy should first be extended to them. It is also less expensive than litigation.

 

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Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/5/2005 10:43:11 AM (3602 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (3561 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (3538 views)

OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (2643 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (3793 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (3762 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (3672 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (3666 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (3705 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (3655 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (3635 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (3556 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (2570 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (3678 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (3706 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (3685 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (3628 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (2679 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (3610 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (3625 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (3540 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (3554 views)

Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (2667 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (3437 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (3496 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (3455 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (3433 views)

Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2222 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (2783 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (3686 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (5065 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (3624 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (4929 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (3543 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (3436 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2382 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (4724 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (3317 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (3301 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (3391 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (3338 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (2629 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (3695 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (3775 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (3742 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (3752 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (3791 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (4706 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (4996 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (3441 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (3420 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (3367 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (3283 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (3388 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (3395 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (3399 views)


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