Recovering Judgment Money

Obtaining a judicial judgment award is typically the first step to recovering the monies owed to you the creditor. The next step, which many times is more challenging, is to collect on the judgment through post judgment collection process. There are a variety of methods available to assist creditors in enforcing the judgment. At Nebraska Judgment Recovery we implement a vast number of actions to enable us to collect on the judgment.

Here are just a few of the methods open to us:

Discovery in aid of judgment
A party who obtains a judgment may inquire about a judgment debtor's ability to satisfy the judgment through the post-judgment discovery process. The process is conducted through the court that rendered the judgment. A creditor can utilize many of the same discovery devices available to parties in litigation to obtain information. Through this process it is possible to obtain information as to the debtor's non-exempt assets to aid in collection efforts.

Judgment Liens
This is normally one of the first steps taken to secure an interest in a judgment debt. With some limited exceptions, once an abstract of judgment is recorded and indexed in the county records, a lien attaches to all non exempt real property currently owned by the debtor or owned in the future in that county. Our company is assist clients in both locating assets owned by judgment debtors and filing abstracts of judgments in the county records of every county where the judgment debtor may have an interest in real property.

Writ of Execution
This is probably the primary tool in judgment collection or those who have secured a judgment for monetary damages. A writ of execution is a process by which the clerk of the court that rendered the judgment issues a writ of execution and directs the sheriff or constable in the state to seize, or levy upon, the judgment debtor's non-exempt assets to satisfy the judgment. The writ typically also empowers the sheriff to also sell all property seized as part of the execution at public auction. The monies from this sale are then applied to the judgment debt. The writ of execution requires numerous notices and filling requirements. Our staff at Nebraska Judgment Recovery are familiar with the writ of execution process and can implement this action if necessary.

Turnover Order
This mechanism allows judgment creditors to apply to the court of issuance for a turnover order. The order literally orders judgment debtors to "turn over" non exempt assets owned by the debtor that can be used to settle the judgment. The court may in some instances order a third party who is holding assets of a judgment debtor to "turn over" the assets also.

Post- Judgment Garnishment
Garnishment proceedings are also available to those who have secured a monetary judgment. Much like the pre-judgment garnishment process, the post-judgment garnishment process allows a judgment creditor to reach a debtor's non-exempt assets that are in the possession of a person or business not involved in the litigation. Post-judgment garnishments can be complicated and even involve a trial on the merits. Nebraska Judgment Recovery staff  have experience in post-judgment garnishment proceedings and can assist clients in obtaining writs of garnishment and litigation garnishment proceedings.