POST-JUDGMENT: STEP 1-GET YOUR WRIT

January 15th, 2010 by admin Leave a reply »

Now that you have a judgment against your debtor, did you think they were just going to hand you the money? Sometimes they do, but most of the time you have to go get it. Afterall, a judgment is just a piece of paper that says X owes Y money. Like an IOU, and if they don’t make good on it, then you have to go collect it.
At this point you could go hire an attorney or turn it over to a collection agency, but why? You’ve already done all the hard work. What you need is called a Writ of Execution. It is a form that allows you to actually act on the judgment you have. It allows you to execute on it (thus “Writ of Execution”). Again it will likely vary by state, but it will generally be a pretty simply one page form with a proof of service by mail on the back. It will ask for your debtor’s name and address. It will ask for your judgment date and amount, and then you could probably tack on the cost of the Writ (find that out when you get the form, but it should be nominal) and interest from the date of the judgment (post-judgment interest). Fill out the debtor’s mailing information on the back (you will have to sign or have another person sign and mail it for you after you get it back from the court). Make copies (always have copies), and file it. When you go to file it they will give you an original copy back. That is what you need to move on to the next step. Execution!

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