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2005 Independent Examiner Report Weekend Interviews - Jarrod Clabaugh/OH
10/4/2005 11:12:02 AM (2367 views)

PLAT MAPS? - Rebecca Barney/FL
10/4/2005 9:24:49 AM (2939 views)
Re: PLAT MAPS? - Julie Jasiunas/WI
10/4/2005 9:33:53 AM (4590 views)
Re: PLAT MAPS? - David Bloys/TX
10/4/2005 11:24:48 AM (4421 views)
Re: PLAT MAPS? - Rebecca Barney/FL
10/4/2005 11:32:32 AM (4447 views)
Re: PLAT MAPS? - Danielle Nelson/WI
10/4/2005 12:14:21 PM (4382 views)
Re: PLAT MAPS? - george Hubka/MI
10/4/2005 11:08:16 PM (4502 views)
Re: PLAT MAPS? - Helene/GA
10/4/2005 11:31:56 PM (4344 views)
Re: PLAT MAPS? - Lisa Ramsey/TX
10/4/2005 11:46:46 PM (4361 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:37:04 AM (4450 views)
Re: PLAT MAPS? - Helga Hinck/NH
10/5/2005 12:02:56 PM (4404 views)
Re: PLAT MAPS? - Robert Franco/OH
10/5/2005 12:08:45 PM (4417 views)
Re: PLAT MAPS? - LAWANDA MCMILLIAN/AR
10/5/2005 3:25:11 PM (4376 views)
Re: PLAT MAPS? - Douglas Gallant/OH
10/5/2005 5:13:32 PM (4316 views)
Re: PLAT MAPS? - Matthew DeLand/NY
10/7/2005 9:46:53 AM (4485 views)
Re: PLAT MAPS? - STEVE MEINECKE/VA
10/14/2005 9:53:38 PM (4207 views)

Hello - Ricky Farrow/FL
10/3/2005 7:30:38 PM (2360 views)

Resolution to India Call - Jason Sheppard/PA
10/3/2005 11:55:48 AM (2779 views)
Re: Resolution to India Call - Jason Sheppard/PA
10/5/2005 11:04:09 AM (4286 views)

First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:10:57 AM (2962 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/3/2005 2:10:52 PM (4796 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 7:41:05 PM (4570 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:25:01 PM (4636 views)
Re: First Title & Escrow (Info) ??? - george Hubka/MI
10/3/2005 8:22:05 PM (4720 views)
Re: First Title & Escrow (Info) ??? - Norean Cashwell/GA
10/3/2005 9:12:45 PM (4620 views)
Re: First Title & Escrow (Info) ??? - Danielle Nelson/WI
10/4/2005 12:10:20 PM (4548 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 2:02:14 PM (4504 views)
Re: First Title & Escrow (Info) ??? - Robert Franco/OH
10/4/2005 4:53:34 PM (4445 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/4/2005 5:45:57 PM (4410 views)
Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/4/2005 7:31:21 PM (4381 views)
Re: First Title & Escrow (Info) ??? - Kevin Ahern/CT
10/5/2005 6:27:19 AM (4416 views)

Thank you, Wanda. There may be a way around the bankruptcy issue for you in the future. If your state allows prejudgment remedies, you can begin the suit by attaching your opponant's non-exempt real estate, personal property or garnishing his bank account or accounts receivable held by his clients. This assures you that there is something there to pay the judgment at the end of the case.

If the defendant goes bankrupt the attachment/garmishment makes you a secured creditor rather than unsecured. Although you may have secured priority creditors in line ahead of you, you still come in ahead of all the unsecured creditors on the list of those to be paid. The one exception is if your opponant files for bankruptcy within a certain number of days following perfecting your attachment/garnishment. In this case  your secured position would be set aside by the court as a preferential transfer. I do not practice in the area of bankruptcy. The law has recently changed and the number of days in which to set it aside may also have changed, but in most cases it is still a very valuable tool.

When you kick off the case with a prejudgment remedy very often the Defendant wants to pay you immediately rather than have the cash flow to his business interrupted or suffer embarrassment in front of his clients if you elect to garnish his receivables. In which event you would notify his clients to freeze the funds owed to your opponant in an amount equal to the debt owed to you. You will need a lawyer to make certain that you have observed all of the attachment/garnishment procedures, but it is worth the expense. You may also have statutory or common law causes of action available to you in your state which may allow you to recover attorney's fees.

In the event that you have won the case, but the defendant still refuses to pay you, most states have a variety of post judgment remedies. In Connecticut we have judgment liens to freeze the Defendant's assets. We also have wage, property and bank executions to seize property. There is also foreclosure of judgment liens on real estate.

If you are unable to find your opponant's hidden assets in order to pay your judgment, Connecticut has a procedure for examination of judgment debtor to locate his bank accounts, property, etc. If he fails to show up for the examination, a capias is issued upon plaintiff's motion for the arrest and detention of the judgment debtor until the next court date for his examination. It could be 30 to 60 days before I choose to schedule the examination up on a motion calendar again. In the mean time the judgment debtor sits in a jail cell until that date or he pays the judgment.

I had a case about ten years ago in which the judgment debtor failed to appear for examination of his assets. I had a capias issued, and sent a marshal out after him. The debtor refused to answer the door. The marshal knew he was in the house because his car was parked in the drive way, and the curtains in the windows were moving when the debtor looked out. The marshal parked in front of his house, and kept him a prisoner for four hours. Eventually the debtor tried to sneak out one of the windows . The marshal caught him and arrested him. It was amazing how fast the funds suddently appeared to pay the judgment. The marshal also charged the debtor a fee for his services in making the arrest. It kind of added insult to injury, but it solved the problem.

The point is that there is a vast range of remedies available for slow pay/no pay clients. Abstractors do not have to listen to excuses and delaying tactics. 

I should mention that in my earlier response to Wanda's posting above I was talking about slow pay/no pay clients in general rather than any title company or business entity in particular. There are of course legitimate clients that are experiencing difficulties, and do make an effort to enter into payment schedules to pay down their debt. If they exhibit some honest effort to pay the debt down without the need for litigation, the courtesy should first be extended to them. It is also less expensive than litigation.

 

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Re: First Title & Escrow (Info) ??? - Wanda Steudel/OH
10/5/2005 10:43:11 AM (4374 views)
Re: First Title & Escrow (Info) ??? - Charles Chen/MD
1/12/2006 11:43:59 AM (4020 views)
Re: First Title & Escrow (Info) ??? - James Smith/CA
3/8/2006 3:58:27 PM (4001 views)


Real Title Services


OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 12:53:40 PM (2825 views)
Re: OUr New WebSite is UP!!! - J Nisonger/CA
9/30/2005 1:03:55 PM (4604 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 1:25:12 PM (4563 views)
Re: OUr New WebSite is UP!!! - Robert Franco/OH
9/30/2005 1:35:45 PM (4507 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
9/30/2005 3:39:24 PM (4483 views)
Re: OUr New WebSite is UP!!! - Kim Cowles/WI
9/30/2005 5:53:52 PM (4520 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/4/2005 10:08:30 AM (4489 views)
Re: OUr New WebSite is UP!!! - Norean/GA
10/4/2005 5:04:16 PM (4458 views)
Re: OUr New WebSite is UP!!! - Kurt deVries/FL
10/11/2005 4:42:33 PM (4403 views)

insurance - robin clearman/IL
9/30/2005 12:12:50 PM (2754 views)
Re: insurance - J Nisonger/CA
9/30/2005 1:06:08 PM (4469 views)
Re: insurance - Robert Franco/OH
9/30/2005 1:31:14 PM (4489 views)
Re: insurance - Wanda Steudel/OH
9/30/2005 2:20:24 PM (4540 views)
Re: insurance - J Nisonger/CA
10/2/2005 5:09:38 AM (4459 views)

beware NC abstractors change is in the making - Donna Grady/NC
9/27/2005 11:50:33 PM (2871 views)
Re: beware NC abstractors change is in the making - Scott Perry/PA
9/28/2005 12:01:50 AM (4441 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/28/2005 3:12:31 AM (4456 views)
Re: beware NC abstractors change is in the making - Donna Grady/NC
9/28/2005 11:21:29 AM (4324 views)
Re: beware NC abstractors change is in the making - Lisa Ramsey/TX
9/29/2005 10:20:03 AM (4355 views)

Sorry about that, chief... - Robert Franco/OH
9/27/2005 10:44:56 AM (2836 views)
Re: Sorry about that, chief... - Patrick Scott/IL
9/27/2005 12:43:58 PM (4257 views)
Re: Sorry about that, chief... - Douglas Gallant/OH
9/27/2005 5:47:01 PM (4317 views)
Re: Sorry about that, chief... - Scott Perry/PA
9/27/2005 6:11:54 PM (4232 views)
Re: Sorry about that, chief... - Helene/GA
9/27/2005 10:51:01 PM (4236 views)

Title Abstracting Software - Deborah Manion/VA
9/27/2005 9:10:43 AM (2368 views)

3 Hour Title Search! - Robert Franco/OH
9/26/2005 10:40:57 AM (2984 views)
Re: 3 Hour Title Search! - David Bloys/TX
9/26/2005 12:53:38 PM (4456 views)
Re: 3 Hour Title Search! - Robert Franco/OH
9/26/2005 1:09:24 PM (6000 views)
Re: 3 Hour Title Search! - Amy Holder/NJ
9/26/2005 1:26:19 PM (4363 views)

Title Abstracting Software - Scott Perry/PA
9/25/2005 11:32:38 PM (5098 views)
Re: Title Abstracting Software - robert oberley/PA
9/28/2005 11:20:40 PM (4295 views)
Re: Title Abstracting Software - george Hubka/MI
10/3/2005 8:45:52 PM (4151 views)

WHERE TO BUY YOUR GAS - Scott Perry/PA
9/23/2005 11:01:20 PM (2518 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 3:53:32 PM (5629 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 4:04:42 PM (4068 views)
Re: WHERE TO BUY YOUR GAS - Douglas Gallant/OH
9/26/2005 6:00:05 PM (4057 views)
Re: WHERE TO BUY YOUR GAS - Scott Perry/PA
9/26/2005 7:24:33 PM (4118 views)
Re: WHERE TO BUY YOUR GAS - Spencer Kinsey/AR
9/26/2005 11:44:25 PM (4062 views)

India Call - Jason Sheppard/PA
9/23/2005 12:46:40 PM (2768 views)
Re: India Call - Robert Franco/OH
9/23/2005 1:02:12 PM (4132 views)
Re: India Call - David Bloys/TX
9/23/2005 1:45:47 PM (4182 views)
Re: India Call - Steve Schneider/IN
9/23/2005 7:28:33 PM (4179 views)
Re: India Call - Rachel Malone/PA
9/24/2005 9:54:06 AM (4147 views)
Re: India Call - Kevin Ahern/CT
9/24/2005 10:07:44 AM (4236 views)
Re: India Call - John OConnor/IL
9/26/2005 11:28:46 AM (5546 views)
Re: India Call - Robert Franco/OH
9/26/2005 11:36:57 AM (5840 views)
Re: India Call - Lisa Ramsey/TX
9/27/2005 9:06:20 AM (4145 views)
Re: India Call - Helene/GA
9/27/2005 11:04:07 PM (4069 views)
Re: India Call - J Nisonger/CA
9/29/2005 12:45:29 AM (4070 views)
Re: India Call - george Hubka/MI
10/3/2005 8:36:38 PM (3943 views)
Re: India Call - Jason Sheppard/PA
10/3/2005 8:50:50 PM (4087 views)
Re: India Call - Scott Perry/PA
10/3/2005 8:56:38 PM (4056 views)
Re: India Call - J Nisonger/CA
10/3/2005 10:23:09 PM (4130 views)

Spell check - J Nisonger/CA
9/23/2005 2:58:41 AM (2688 views)
Re: Spell check - monica froese/ME
9/23/2005 3:25:40 PM (4082 views)
Re: Spell check - J Nisonger/CA
9/24/2005 3:44:04 PM (4078 views)
Re: Spell check - george Hubka/MI
10/3/2005 8:39:10 PM (3817 views)
Re: Spell check - J Nisonger/CA
10/3/2005 10:26:24 PM (3901 views)


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