Judgment enforcement is always a interesting topic. Many people manage to obtain Judgment against debtors or entities but that paper means nothing if you can’t enforce or collect on the Judgment.
Today we are going to approach the topic of how to enforce a judgment and collect on mutual funds and securities held by an individual. Mutual funds and other investment securities are managed or are part of large organizations that may not reside in California. If you have a debtor that owns mutual funds and securities, you have to ascertain where the CEO for these organization reside. Where their CEO resides is where you have to get a writ of execution and to levy on the securities.
For example, if your California judgment debtor owns mutual funds in an Asian small cap fund, and the CEO of the company that runs the small cap funds resides in New York then, your writ of execution and levy cannot attach to those securities. You will have to take your Judgment get it recognize in New York as a sister state Judgment. Then get a writ of execution in New York and levy there.
So when you deal with mutual funds and securities you must ascertain if they are located before you can consider going after them in California.
