Enforcement of Judgments
A judgment alone is rarely enough. The judgment holder must enforce the judgment before it sees real dollars. This often requires unique expertise and creative thinking. Our team designs and executes strategies that transform judgments into the tangible results clients want.
Balch attorneys are effective at enforcing judgments, whether it is turning a judgment into cash, seizing assets, navigating bankruptcy, attacking fraudulent transfers, instituting sheriff’s sales, eviction or ejectments from real property, garnishments or all of the above.
Our team has levied upon and sold a variety of assets to collect judgments, including real estate, boats, titled vehicles, manufacturing and mining equipment, corporate stock, and construction equipment.
We also have expertise in attacking and setting aside transfers of assets made by debtors for the purpose of avoiding judgment liens. We are experienced in representing judgment holders in all areas of bankruptcy cases, including preference actions, objections to claims, motions to set aside judgments and motions seeking relief from the automatic stay.
We domesticate and enforce foreign judgments within our geographic footprint and beyond, and we often work with other firms to enforce judgments outside of our footprint. We also work with competing creditors to negotiate transfers of our clients’ judgments and lien positions.
Balch attorneys enforce judgments for a wide variety of clients, including banks and financial institutions, note buyers, landlords, equipment lessors, estates and trusts, property owners, and construction contractors.
Sheriff’s and U.S. Marshal’s Sales: Balch has broad experience handling the seizure and sale of a wide variety of assets. We collect for our clients through Sheriff’s and U.S. Marshal’s sales of real property, even in situations where the property is jointly owned or has little or no equity. We also seize and sell boats, corporate stock, automobiles and numerous types of equipment.
Identifying Assets: We work with local and national asset search firms to help our clients find bank and brokerage accounts, real estate, vehicles, and other assets owned or recently transferred by judgment debtors.
Issuing Garnishments: It takes more than a judgment to get paid, and with garnishments, it is every creditor for themselves. We represent numerous creditors in locating and garnishing bank accounts and brokerage accounts, in addition to garnishing wages.
Representing Garnishees: We counsel employers, banks, and financial institutions on a myriad of issues when they are served with garnishments. We also work with these clients to implement internal policies and procedures for handling future garnishments.
Representing Judgment Holders in Bankruptcy: After a judgment is entered, bankruptcy court may be the next forum. We are experienced in all areas of bankruptcy. We represent clients in preference actions, objections to claims, motions to set aside judgments, and motions seeking relief from stay, to continue with eviction or execution of judgments.
Fraudulent Transfer Lawsuits: When real estate, accounts or other valuable assets have been transferred for the purpose of avoiding creditors, our team is well versed in filing actions to set those transfers aside. A fraudulent transfer lawsuit is a highly effective way of enforcing a judgment against a debtor who not only refuses to pay, but has structured its assets for the purpose of avoiding judgment liens.
Intercreditor Disputes: Creditors do not always agree on who maintains a superior lien priority. We represent numerous creditors in protecting their liens and collateral from other creditors. We also negotiate and sell judgment liens to other parties seeking the same debtor and placing value on a priority position.
Domestications: We work with clients outside of our footprint to domesticate and enforce judgments against assets within our footprint. We also work with other firms to enforce judgments outside of our footprint. With the right advice, clients may find that enforcing their judgment in a foreign state offers new options they had not previously considered.