Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | hide all replies



2005 Independent Examiner Report Weekend Interviews - Jarrod Clabaugh/OH
10/4/2005 11:12:02 AM (2605 views)

PLAT MAPS? - Rebecca Barney/FL
10/4/2005 9:24:49 AM (3152 views)
Re: PLAT MAPS? - Julie Jasiunas/WI
10/4/2005 9:33:53 AM (5223 views)
Re: PLAT MAPS? - David Bloys/TX
10/4/2005 11:24:48 AM (5067 views)
Re: PLAT MAPS? - Rebecca Barney/FL
10/4/2005 11:32:32 AM (5050 views)
Re: PLAT MAPS? - Danielle Nelson/WI
10/4/2005 12:14:21 PM (4991 views)
Re: PLAT MAPS? - george Hubka/MI
10/4/2005 11:08:16 PM (5148 views)
Re: PLAT MAPS? - Helene/GA
10/4/2005 11:31:56 PM (4953 views)
Re: PLAT MAPS? - Lisa Ramsey/TX
10/4/2005 11:46:46 PM (4978 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:37:04 AM (5132 views)
Re: PLAT MAPS? - Helga Hinck/NH
10/5/2005 12:02:56 PM (5033 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:08:45 PM (5082 views)
Re: PLAT MAPS? - LAWANDA MCMILLIAN/AR
10/5/2005 3:25:11 PM (4997 views)
Re: PLAT MAPS? - Douglas Gallant/OH
10/5/2005 5:13:32 PM (4956 views)
Re: PLAT MAPS? - Matthew DeLand/NY
10/7/2005 9:46:53 AM (5196 views)
Re: PLAT MAPS? - STEVE MEINECKE/VA
10/14/2005 9:53:38 PM (4808 views)

Hello - Ricky Farrow/FL
10/3/2005 7:30:38 PM (2528 views)

Resolution to India Call - Jason Sheppard/PA
10/3/2005 11:55:48 AM (3001 views)
Re: Resolution to India Call - Jason Sheppard/PA
10/5/2005 11:04:09 AM (4856 views)

First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (3178 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (5373 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (5176 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (5255 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (5351 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (5254 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (5171 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (5168 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (5070 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (4997 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (5049 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (5071 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.

 

to post a reply: login - or - register


Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/5/2005 10:43:11 AM (5052 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (4746 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (4689 views)




OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (3024 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (5193 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (5195 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (5118 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (5133 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (5114 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (5128 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (5076 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (5002 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (3006 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (5058 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (5171 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (5173 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (5086 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (3103 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (5012 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (5072 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (4888 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (4916 views)

Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (3050 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (4870 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (4930 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (4821 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (4855 views)

Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2508 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (3178 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (5022 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (6607 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (4933 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (5310 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (4947 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (4794 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2727 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (6298 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (4707 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (4719 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (4753 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (4674 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (3035 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (4777 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (4769 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (4797 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (4778 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (4896 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (6231 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (6528 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (4758 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (4689 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (4641 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (4557 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (4729 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (4660 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (4745 views)

Spell check - J Nisonger/CA
9/23/2005 2:58:41 AM (2933 views)
Re: Spell check - monica froese/ME
9/23/2005 3:25:40 PM (4664 views)
Re: Spell check - J Nisonger/CA
9/24/2005 3:44:04 PM (4673 views)
Re: Spell check - george Hubka/MI
10/3/2005 8:39:10 PM (4406 views)
Re: Spell check - J Nisonger/CA
10/3/2005 10:26:24 PM (4512 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8973 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Orange County Man Arrested on Federal Criminal Complaint Alleging He Defrauded Bank Out of Nearly $100 Million
An Orange County man was arrested today on a federal criminal complaint charging him with defrauding a bank out of nearl...
MISMO Releases FRAME: Framework for AI Governance in Mortgage Lending
“FRAME is fundamentally a risk management tool,” said Rick Hill, a key contributor to the framework and MBA&...
ALTA, Maryland Land Title Association and AARP Applaud Attorney General Anthony G. Brown for Action Protecting Homeowners from Unfair MV Realty Contracts
“These agreements can create serious uncertainty in the land records and unnecessary obstacles for homeowners and ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were volatile last week as news from the Middle East continues to drive markets,” said Mike ...
Over 1,100 Housing Advocates Call on Congress to Address Affordability
“Members of the housing community from across the country are in Washington for the National Association of Home B...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.