It is always an advantage when you own a money judgment which was
awarded against more than one party. Collecting from multiple judgment
debtors on the same judgment can open up greater possibilities to
get paid.
Lets make this simple by using a fictitious example
of a judgment. We will say that Chris Creditor has won a civil judgment
against Dan Deadbeat, Dan’s sister Debbie Deadbeat, and their
business associate Sammy Scumbag. According to the judge’s
decree, the judgment debtors now owe $60,000 to Chris Creditor.
Chris now can do his post judgment investigation
on all three judgment debtors. He can identity and locate assets
from all three of them. In the course of his investigation he may
find that Dan Deadbeat has non-exempt assets sufficient to satisfy
the entire judgment debt. With this information, Chris Creditor
may decide to pursue enforcing his judgment exclusively against
Dan Deadbeat and collect the whole $60,000 from Dan. If Chris chose
to do this, he would not have to attempt any judgment enforcement
against Debbie Deadbeat or Sammy Scumbag. Chris collects all of
the judgment debt owed to him and he goes merrily on his way.
On the other hand, judgment investigation may have
revealed that Dan did not have enough assets to pay the entire judgment
debt. In this case, Chris may have elected to pursue assets owned
by one or both of the other two debtors. Chris may have collected
$30,000 from Debbie and $30,000 from Sammy. In this example Dan
pays nothing, but Chris still legally collects his $60,000 and Chris
is happy as a lark.
Chris might, in another example, have collected
$10,000 from Dan, $20,000 from Debbie, and $30,000 from Sammy. Just
as in the other examples, Chris gets paid and the judgment debt
is satisfied.
Finally let’s suppose that Chris’s judgment
investigation uncovers the fact that all the debtors have ample
assets for paying the $60,000 judgment debt. Chris might enforce
on all three debtors at the same time. This might result in enough
judgment debtor assets being grabbed so that there is an excess
above the $60,000 needed to satisfy Chris’s judgment. In this
case Chris ends up with his $60,000, but the excess must be returned
at once and prior to the mandatory Satisfaction of Judgment being
filed.
You can see from these examples how it can be a
real advantage when a judgment creditor is collecting from multiple
judgment debtors on the same judgment. It is always a good thing
in life to have multiple options for getting something accomplished!
You may also enjoy reading this previous article
about successfully enforcing a judgment. Here’s the link:
http://www.enforcementinstitute.com/?p=117
Happy enforcing!
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