Enforcing Judgments and Debts is a comprehensive resource offering in-depth guidance on the law and procedures governing debt collection and enforcement of judgments under California and relevant federal law.
Written in a clear, concise, and accessible style, it provides a thorough analysis of applicable case law, statutes, and rules. Decades of experience are distilled into practical, actionable advice that will help you save time and effectively represent debtors and creditors. Each topic and procedure are systematically explored and broken down into easy-to-understand steps. Practice-tested sample forms are included throughout, adhering to the latest statutory and rules requirements, with recommendations for their use.
Enforcing Judgments and Debts is an invaluable addition to any legal library. Its concise yet comprehensive content, coupled with its practical tips, strategies, and tactics, will help you achieve optimal outcomes for your clients facing debt collection and judgment enforcement issues.
This practice guide covers a broad spectrum of topics, including:
Liability for unfair collection practices
Prejudgment collection
Provisional remedies, such as attachment, claim
and delivery, and receiverships
Bankruptcy considerations
Judgment liens on real property and personal property
Enforcement of judgment by writ of execution
Property exempt from enforcement of judgment
Wage garnishment
Special enforcement procedures
Third-party claims
Enforcement of nonmoney judgments
Enforcement of sister-state and foreign judgments
Satisfaction of judgment
Written by preeminent legal experts, our comprehensive Rutter Group Practice Guides are indispensable resources for both novice and seasoned attorneys, providing accessible, authoritative guidance. Thoughtfully crafted in a concise, easy-to-read outline format, our guides simplify intricate legal concepts into clear, step-by-step instructions that facilitate swift mastery and application.
Practice guides include relevant case law, statutes, and court rules, focusing on issues facing practicing attorneys. Pivotal discussions
about decisions illuminate key points, rather than just providing lists of citations, preparing plaintiffs and defense counsel for a variety of contingencies.
Practitioners benefit from practical guidance that logically breaks down topics and procedures into manageable steps, illustrated with examples from actual cases.
Esteemed authors provide expert insights, including battle-tested strategies, tactics, time-saving tips, and "Practice Pointers" to equip you with the wisdom of experienced practitioners.
Our authors update and revise comprehensive content, which is meticulously edited by Rutter Group attorney editors, ensuring you stay abreast of the latest legal developments.
Rutter Group Practice Guides are frequently cited as authority in state and federal court opinions, which proves their reliability
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Table of Contents
See front of each chapter for detailed summaries of contents
PRELIMINARY CONSIDERATIONS
LIABILITY FOR UNFAIR COLLECTION PRACTICES
PREJUDGMENT COLLECTION
PROVISIONAL REMEDIES
BANKRUPTCY CONSIDERATIONS
ENFORCEMENT OF JUDGMENTS
PRELIMINARY CONSIDERATIONS
JUDGMENT LIENS ON REAL PROPERTY
JUDGMENT LIENS ON PERSONAL PROPERTY (JLPP)
ENFORCEMENT OF JUDGMENT BY WRIT OF EXECUTION-
PROPERTY EXEMPT FROM ENFORCEMENT OF JUDGMENTS
WAGE GARNISHMENT
SPECIAL ENFORCEMENT PROCEDURES
THIRD PARTY CLAIMS
ENFORCEMENT OF NONMONEY JUDGMENTS
ENFORCEMENT OF SISTER STATE AND FOREIGN JUDGMENTS
SATISFACTION OF JUDGMENT