The Law Firm of Ivan P. Cohen
LEGAL RESOURCES
The Law Firm of Ivan P. Cohen
LEGAL RESOURCES
The blog posts from the Law Firm of Ivan P. Cohen consist of hypothetical scenarios, opinions and generic information. These scenarios are in no way meant to assess blame on any party in real-life situations and are presented for informational purposes only.
Suspending Driving Privileges
If a claim is based on the debtor’s operation of a motor vehicle on a California highway, the DMV will suspend the driving privileges of the debtor until the judgment is paid
Judgment Debtor Examination
A court order must be served on the judgment debtor to compel appearance at a judgment debtor examination, to submit to questioning under oath about assets and financial situation
Wage Garnishment
A wage garnishment also known as “earnings withholding order” authorizes the levying officer to seize a portion of the debtor’s salary or wages directly from the employer.
Claims of Exemption
A debtor may claim assets are exempt from levy because they're necessary for the support of the debtor and family.
Levy Against Third Parties
A writ of execution may levy on a third party owing money to the debtor.
Levy on Personal Property
A creditor aware of the existence and location of the debtor’s personal property can request a levying officer of the county where the property is located to seize and sell the property to satisfy the judgment.
Levy Against Business
A till tap authorizes the levying officer to levy the contents of a business cash register & safe. A till tap occurs when a marshal or sheriff goes into the business owned by the debtor and takes possession of all of the money in the till.
Writ of Execution
A writ of execution is a court order, issued by the Clerk of the Court that authorizes a levy on the debtor’s assets to satisfy the judgment
Post Judgment Remedies
A judgment creditor is legally authorized by the court to seize and sell assets of the debtor to satisfy payment of the judgment
Writ of Possession
When a debtor defaults on a secured loan, the creditor generally has the right to recover and sell the collateral to raise money to satisfy the debt.
Writ of Attachment
A writ of attachment allows an unsecured or under secured creditor to obtain a judicial lien against the debtor’s property or have the sheriff seize and hold the property until trial thereby exercising some control over the property before judgment.
Abstract of Judgment
A judgment lien is a court order, by the Clerk of the Court that entitles the creditor to create a lien against the judgment debtor’s real or personal property
Renewal of Judgment
It is possible that a judgment will still be unpaid after five years. A creditor can renew the judgment by serving on the debtor and filing with the clerk a form called an application for renewal of judgment.
Judgment Lien
A judgment lien is a court order, by the Clerk of the Court that entitles the creditor to create a lien against the judgment debtor’s real or personal property
Service of Process
Service of process is the act of delivering a lawsuit to a person or entity ordering them to appear in court on a date and time to answer the claim of a creditor.
Unfair Debt Collection
Debtors are by law protected against unfair conduct by creditors who can be liable for collection torts if they are overly aggressive in their collection activities.
Hiring a Lawyer
Commit to find an experienced lawyer with whom you can work jointly under a clearly understandable written fee agreement, and you’ll be on your way to the best possible result.