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2005 Independent Examiner Report Weekend Interviews - Jarrod Clabaugh/OH
10/4/2005 11:12:02 AM (2367 views)

PLAT MAPS? - Rebecca Barney/FL
10/4/2005 9:24:49 AM (2939 views)
Re: PLAT MAPS? - Julie Jasiunas/WI
10/4/2005 9:33:53 AM (4586 views)
Re: PLAT MAPS? - David Bloys/TX
10/4/2005 11:24:48 AM (4420 views)
Re: PLAT MAPS? - Rebecca Barney/FL
10/4/2005 11:32:32 AM (4444 views)
Re: PLAT MAPS? - Danielle Nelson/WI
10/4/2005 12:14:21 PM (4380 views)
Re: PLAT MAPS? - george Hubka/MI
10/4/2005 11:08:16 PM (4499 views)
Re: PLAT MAPS? - Helene/GA
10/4/2005 11:31:56 PM (4343 views)
Re: PLAT MAPS? - Lisa Ramsey/TX
10/4/2005 11:46:46 PM (4359 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:37:04 AM (4447 views)
Re: PLAT MAPS? - Helga Hinck/NH
10/5/2005 12:02:56 PM (4401 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:08:45 PM (4415 views)
Re: PLAT MAPS? - LAWANDA MCMILLIAN/AR
10/5/2005 3:25:11 PM (4375 views)
Re: PLAT MAPS? - Douglas Gallant/OH
10/5/2005 5:13:32 PM (4314 views)
Re: PLAT MAPS? - Matthew DeLand/NY
10/7/2005 9:46:53 AM (4481 views)
Re: PLAT MAPS? - STEVE MEINECKE/VA
10/14/2005 9:53:38 PM (4206 views)

Hello - Ricky Farrow/FL
10/3/2005 7:30:38 PM (2360 views)

Resolution to India Call - Jason Sheppard/PA
10/3/2005 11:55:48 AM (2779 views)
Re: Resolution to India Call - Jason Sheppard/PA
10/5/2005 11:04:09 AM (4285 views)

First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (2962 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (4792 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (4567 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (4634 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (4719 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (4619 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (4547 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (4502 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (4443 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (4408 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (4378 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (4415 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 (4372 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (4019 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (4000 views)


Real Title Services


OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (2825 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (4602 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (4560 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (4505 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (4481 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (4517 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (4488 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (4457 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (4400 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (2754 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (4468 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (4488 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (4537 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (4456 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (2871 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (4439 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (4454 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (4322 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (4353 views)

Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (2836 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (4255 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (4316 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (4230 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (4234 views)

Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2368 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (2984 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (4453 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (5998 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (4361 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (5098 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (4293 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (4149 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2518 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (5628 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (4066 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (4055 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (4117 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (4060 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (2768 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (4130 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (4180 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (4177 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (4145 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (4234 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (5545 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (5839 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (4141 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (4067 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (4067 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (3940 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (4085 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (4055 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (4129 views)

Spell check - J Nisonger/CA
9/23/2005 2:58:41 AM (2688 views)
Re: Spell check - monica froese/ME
9/23/2005 3:25:40 PM (4080 views)
Re: Spell check - J Nisonger/CA
9/24/2005 3:44:04 PM (4077 views)
Re: Spell check - george Hubka/MI
10/3/2005 8:39:10 PM (3816 views)
Re: Spell check - J Nisonger/CA
10/3/2005 10:26:24 PM (3899 views)


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