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First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (2916 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (4608 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (4423 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (4469 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (4534 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (4425 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (4350 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (4294 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (4311 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (4247 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (4222 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (4250 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 (4221 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (3839 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (3831 views)

OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (2783 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (4479 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (4424 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (4351 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (4340 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (4378 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (4334 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (4309 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (4248 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (2712 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (4332 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (4354 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (4377 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (4304 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (2823 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (4281 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (4293 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (4172 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (4220 views)

Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (2795 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (4104 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (4173 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (4123 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (4097 views)




Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2333 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (2938 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (4321 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (5856 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (4244 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (5062 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (4150 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (4025 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2484 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (5487 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (3944 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (3932 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (4005 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (3926 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (2730 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (4026 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (4076 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (4073 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (4042 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (4120 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (5434 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (5724 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (4040 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (3965 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (3971 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (3846 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (3959 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (3959 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (4017 views)

Spell check - J Nisonger/CA
9/23/2005 2:58:41 AM (2642 views)
Re: Spell check - monica froese/ME
9/23/2005 3:25:40 PM (3964 views)
Re: Spell check - J Nisonger/CA
9/24/2005 3:44:04 PM (3963 views)
Re: Spell check - george Hubka/MI
10/3/2005 8:39:10 PM (3725 views)
Re: Spell check - J Nisonger/CA
10/3/2005 10:26:24 PM (3793 views)

Family in harms way again - J Nisonger/CA
9/23/2005 2:43:26 AM (2744 views)
Re: Family in harms way again - Scott Perry/PA
9/23/2005 7:53:22 AM (3793 views)
Re: Family in harms way again - Kevin Ahern/CT
9/23/2005 8:44:45 AM (3817 views)
Re: Family in harms way again - J Nisonger/CA
9/23/2005 9:52:19 AM (3802 views)
Re: Family in harms way again - Jason Sheppard/PA
9/23/2005 12:49:43 PM (3849 views)
Re: Family in harms way again - J Nisonger/CA
9/29/2005 1:07:40 AM (3720 views)
Re: Family in harms way again - Jason Sheppard/PA
9/24/2005 3:02:38 AM (3840 views)
Re: Family in harms way again - Scott Perry/PA
9/24/2005 2:44:29 PM (3890 views)
Re: Family in harms way again - Jason Sheppard/PA
9/24/2005 3:47:36 PM (3894 views)
Re: Family in harms way again - Scott Perry/PA
9/24/2005 4:32:47 PM (3904 views)
Re: Family in harms way again - Lisa Ramsey/TX
9/25/2005 10:14:54 AM (3767 views)
Re: Family in harms way again - Scott Perry/PA
9/25/2005 1:05:00 PM (3858 views)
Re: Family in harms way again - Lisa Ramsey/TX
9/25/2005 4:18:44 PM (3718 views)
Re: Family in harms way again - David Bloys/TX
9/25/2005 5:25:50 PM (3768 views)

GLOBAL WARMING ON MARS? - Scott Perry/PA
9/22/2005 7:24:12 PM (2167 views)

Rita Wishes: Best of Luck Texas and Louisiana - Jason Sheppard/PA
9/22/2005 4:57:03 PM (2207 views)

Parts of Ohio land rights now being claimed by Indians - Jason Sheppard/PA
9/22/2005 4:19:59 PM (2041 views)


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