creditor's collection options after judgment has been entered

Question 1

Duration of judgment

Answer 1

CC= 20 years; DC= 10 years unless creditor dockets in circuit court

Question 2

Liens on real property

Answer 2

judgment lien automatically attaches to any real property owned by the debtor in the county where the court is located

Question 3

Do judgement liens also automatically attach to after-acquired real estate in the county?

Answer 3

Yes

Question 4

Any buyer will buy property…

Answer 4

subject to the lien

Question 5

a creditor has how many years to enforce judgment

Answer 5

10 years

Question 6

Procedures to enforce

Answer 6

1) Bill in equity. Commissioner determines whether rents and profits is enoguh to pay the judgment; if not it sells the property

Question 7

Liens on tangible personal property

Answer 7

writ of execution (fieri facias) is used to obtain a judicial lien on all form of tangible personal property except crops

Question 8

Procedure

Answer 8

cc: judgment creditor has to wait 21 days before court will issue a writ of execution

dc: no waiting period

Question 9

writ allows sheriff to levy on personal property within 90 days and create an execution lien through one of two methods:

Answer 9

1. physically seizes property pursuant to a writ
2. sheriff views the property and exerts dominion and control

sheriff must feed livestock she takes

sherriff can break in, identify things, and file that return with court

will be sold at public auction

Question 10

Liens on intangible personal property

Answer 10

Garnishment liens debtor claim arises from third party:

wages, banks, payments owed to debtor

Question 11

Procedure for garnishment lien

Answer 11

creditor uses a writ of execution and requests the court issue garnishment summons naming the garnishee (bank)

Summons served on garnishee and debtor

Question 12

limitations for garnishment

Answer 12

child support payments, veteran benefits, unemployment and workers compensation benefits