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Resolution to India Call - Jason Sheppard/PA
10/3/2005 11:55:48 AM (2923 views)
Re: Resolution to India Call - Jason Sheppard/PA
10/5/2005 11:04:09 AM (4557 views)

First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (3102 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (5105 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (4906 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (4988 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (5085 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (4980 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (4890 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (4882 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (4768 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (4736 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (4735 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (4773 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 (4749 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (4400 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (4355 views)

OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (2927 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (4913 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (4879 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (4822 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (4829 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (4842 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (4814 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (4810 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (4709 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (2897 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (4773 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (4847 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (4854 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (4796 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (3012 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (4715 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (4749 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (4594 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (4623 views)


Real Title Services


Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (2969 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (4584 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (4657 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (4550 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (4551 views)

Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2454 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (3097 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (4771 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (6305 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (4646 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (5225 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (4594 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (4456 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2642 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (5947 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (4379 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (4380 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (4423 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (4361 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (2906 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (4444 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (4448 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (4498 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (4471 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (4572 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (5870 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (6181 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (4470 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (4361 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (4331 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (4236 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (4403 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (4352 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (4443 views)

Spell check - J Nisonger/CA
9/23/2005 2:58:41 AM (2821 views)
Re: Spell check - monica froese/ME
9/23/2005 3:25:40 PM (4375 views)
Re: Spell check - J Nisonger/CA
9/24/2005 3:44:04 PM (4362 views)
Re: Spell check - george Hubka/MI
10/3/2005 8:39:10 PM (4100 views)
Re: Spell check - J Nisonger/CA
10/3/2005 10:26:24 PM (4187 views)

Family in harms way again - J Nisonger/CA
9/23/2005 2:43:26 AM (2949 views)
Re: Family in harms way again - Scott Perry/PA
9/23/2005 7:53:22 AM (4174 views)
Re: Family in harms way again - Kevin Ahern/CT
9/23/2005 8:44:45 AM (4157 views)
Re: Family in harms way again - J Nisonger/CA
9/23/2005 9:52:19 AM (4191 views)
Re: Family in harms way again - Jason Sheppard/PA
9/23/2005 12:49:43 PM (4241 views)
Re: Family in harms way again - J Nisonger/CA
9/29/2005 1:07:40 AM (4089 views)
Re: Family in harms way again - Jason Sheppard/PA
9/24/2005 3:02:38 AM (4225 views)
Re: Family in harms way again - Scott Perry/PA
9/24/2005 2:44:29 PM (4276 views)
Re: Family in harms way again - Jason Sheppard/PA
9/24/2005 3:47:36 PM (4291 views)
Re: Family in harms way again - Scott Perry/PA
9/24/2005 4:32:47 PM (4305 views)
Re: Family in harms way again - Lisa Ramsey/TX
9/25/2005 10:14:54 AM (4102 views)
Re: Family in harms way again - Scott Perry/PA
9/25/2005 1:05:00 PM (4259 views)
Re: Family in harms way again - Lisa Ramsey/TX
9/25/2005 4:18:44 PM (4100 views)
Re: Family in harms way again - David Bloys/TX
9/25/2005 5:25:50 PM (4165 views)

GLOBAL WARMING ON MARS? - Scott Perry/PA
9/22/2005 7:24:12 PM (2264 views)

Rita Wishes: Best of Luck Texas and Louisiana - Jason Sheppard/PA
9/22/2005 4:57:03 PM (2293 views)


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