法律英语：44 Judgment Collections

by Michael W. Flynn
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today I will discuss an unfortunate practical side of civil litigation: collecting on judgments⁵. Chris from Boston wrote:

My aunt successfully sued a contractor⁶ who collected a lot of money but never completed the work. She never got a dime⁷ back from him. I've heard this is not uncommon⁸. What options do people have to collect on a court ordered judgment⁴?

Winning a lawsuit⁹ is often only half the battle, and some successful lawsuits¹⁰ can end in nothing more than a big fat bill for attorney’s fees. This phenomenon can be the single most frustrating¹¹ thing for a litigant¹² to face, and a very difficult concept to explain to clients.

Any civil dispute begins with one party harming the other by committing a tort, breaching¹³ a contract, etc. The person who was harmed can file a lawsuit in the trial court that has jurisdiction over the dispute, and that person is the plaintiff. The defendants¹⁵ are the people or entities¹⁶ that are allegedly responsible for the harm. If the parties cannot settle, then the matter goes to trial during which a jury or a judge determines who did what wrong, and to what extent. After that finding is made, the court will enter a judgment. A judgment is nothing more than a piece of paper that says “judgment” on the top, and indicates what the responsibilities of the various parties are after the trial. In a construction matter, the judgment might indicate that the contractor is responsible to pay $25,000 to the homeowner for the harm that the contractor caused. After the judgment is entered, the party to whom money is owed under the judgment is known as a judgment creditor¹⁷, and the person who owes the money is called the judgment debtor¹⁸. A plaintiff can enforce a judgment for about10 years, depending on the state, after it is entered.

But, simply because a judgment is entered does not mean that the money will simply appear in the plaintiff’s bank account. The plaintiff/judgment creditor must then enforce the judgment; the court will not do so on its own. Once a judgment is entered, then interest accrues¹⁹ on the judgment, the rate of which is set by statute²⁰. The interest rate varies from state to state, and is usually between 5 and 10 percent.

At this point, some attorneys who handled the original construction case might refer the case to another attorney who specializes in enforcing judgments because some of the procedures for collecting are rather specialized²¹. But, some attorneys will handle their own enforcement actions.

There are several steps that a plaintiff can take to collect. The most basic is a judgment lien³, which is a legal claim against property owned by the defendant¹⁴. Once a lien is placed upon property and recorded, then the property cannot be sold until all the liens²² are cleared up. If the property gets foreclosed upon, then the people with recorded judgment liens will be paid from the proceeds of sale first.

Similar to a lien is a writ²³ of execution, or simply, execution. Depending on the circumstances, the court might have the power to order a sheriff to physically²⁴ take the defendant’s property, sell it, and give the proceeds to the plaintiff. So, the plaintiff might execute a writ against the contractor’s truck to obtain the money necessary. The plaintiff cannot usually get the property itself, but must wait for the government to auction²⁵ it and then take the proceeds.

Alternatively, a court might freeze the defendant’s bank accounts and eventually order the bank to turn over the funds in the account to the plaintiff.

Another possibility is to garnish²⁶ the defendant’s income. This is not available in all cases, and sometimes only the government can do so. The basic idea is that the court will take away some portion of the defendant’s income to go towards satisfying the judgment, and will continue to do so until the judgment is paid off. A defendant usually wants to avoid this because he is paying interest the entire time.

But, there are several problems with all of these procedures. The first is that the average person must hire a lawyer to navigate²⁷ the complex requirements for these procedures, and that drains money from the judgment you already acquired.

Also, the defendant who realizes that he is going to have a judgment entered against him will likely do anything in his power to hide his assets. He might give them away or sell them at ridiculous prices to friends or relatives who will hold the property for the defendant. He might move assets out of state or out of the country, throwing another wrench²⁸ into the collection process. These types of transfers, done for the purpose of defeating a plaintiff’s ability to collect, are generally considered fraudulent. But proving where the money went and determining how to get it back after the fact can be nearly impossible. Last, a defendant might file for bankruptcy²⁹, which has very broad and complicated ramifications³⁰.

It has been said that you cannot get blood out of a turnip³¹, and this maxim³² is unfortunately the cold reality for people who successfully win lawsuits. One of the pre-lawsuit considerations for most plaintiffs is where the money will come from even if the case is successful.

A personal example: I was injured in a bike accident last year, and had about $100,000 in damages stemming from the surgery, physical therapy and lost wages. Unfortunately, the person who caused the accident was a 20-year-old illegal alien with no money, no education, and no job prospects³³. I did not sue in the end because it would not have been worth the trouble. This is the sad reality of the civil justice system – had a rich heiress harmed me, I would be richer today.

As you can see, winning a lawsuit is only half the battle, and the collection portion of the case can be worse than the case itself. My tip: always bring up with your attorney the possibility that you cannot collect, and have your attorney investigate into the asset pool of the defendants before starting a lawsuit.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful³⁴ Life. Be sure to take the short listener survey by clicking on the green 5 to the right of the transcri.

You can send questions and comments to。。。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 lien   

n.扣押权，留置权

参考例句：

• A lien is a type of security over property.留置是一种财产担保。
• The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。

4 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

5 judgments   

判断( judgment的名词复数 )； 鉴定； 评价； 审判

参考例句：

• A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
• He is swift with his judgments. 他判断迅速。

6 contractor   

n.订约人，承包人，收缩肌

参考例句：

• The Tokyo contractor was asked to kick $ 6000 back as commission.那个东京的承包商被要求退还6000美元作为佣金。
• The style of house the contractor builds depends partly on the lay of the land.承包商所建房屋的式样，有几分要看地势而定。

7 dime   

n.（指美国、加拿大的钱币）一角

参考例句：

• A dime is a tenth of a dollar.一角银币是十分之一美元。
• The liberty torch is on the back of the dime.自由火炬在一角硬币的反面。

8 uncommon   

adj.罕见的，非凡的，不平常的

参考例句：

• Such attitudes were not at all uncommon thirty years ago.这些看法在30年前很常见。
• Phil has uncommon intelligence.菲尔智力超群。

9 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

10 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

11 frustrating   

adj.产生挫折的，使人沮丧的，令人泄气的v.使不成功( frustrate的现在分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's frustrating to have to wait so long. 要等这么长时间，真令人懊恼。
• It was a demeaning and ultimately frustrating experience. 那是一次有失颜面并且令人沮丧至极的经历。 来自《简明英汉词典》

12 litigant   

n.诉讼当事人；adj.进行诉讼的

参考例句：

• A litigant generally must make a motion in writing.诉讼当事人通常必须作出书面申请。
• In civil proceedings,the litigants shall have equal litigant rights.民事诉讼当事人有平等的诉讼权利。

13 breaching   

攻破( breach的过去式 )； 破坏，违反

参考例句：

• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。
• Third, an agency can abuse its discretion by breaching certain principles of judge-made law. 第三，行政机关会因违反某些法官制定的法律原则而构成滥用自由裁量权。

14 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

15 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

16 entities   

实体对像； 实体，独立存在体，实际存在物( entity的名词复数 )

参考例句：

• Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。
• The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。

17 creditor   

n.债仅人，债主，贷方

参考例句：

• The boss assigned his car to his creditor.那工头把自己的小汽车让与了债权人。
• I had to run away from my creditor whom I made a usurious loan.我借了高利贷不得不四处躲债。

18 debtor   

n.借方，债务人

参考例句：

• He crowded the debtor for payment.他催逼负债人还债。
• The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。

19 accrues   

v.增加( accrue的第三人称单数 )；（通过自然增长）产生；获得；（使钱款、债务）积累

参考例句：

• If you put money in the bank, interest accrues. 如你将钱存于银行，则自然生息。 来自《现代英汉综合大词典》
• Interest accrues on a bank accout. 银行账户的利息在增长。 来自《简明英汉词典》

20 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

21 specialized   

adj.专门的，专业化的

参考例句：

• There are many specialized agencies in the United Nations.联合国有许多专门机构。
• These tools are very specialized.这些是专用工具。

22 liens   

n.留置权，扣押权( lien的名词复数 )

参考例句：

• Car les liens économiques n'ont jamais été aussi forts. 因为经济纽带从来没有如此强大。 来自互联网
• Chapter XI Procedures for Publicizing Notice for Assertion of Maritime Liens. 第十一章船舶优先权催告程序。 来自互联网

23 writ   

n.命令状，书面命令

参考例句：

• This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
• You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

24 physically   

adj.物质上，体格上，身体上，按自然规律

参考例句：

• He was out of sorts physically,as well as disordered mentally.他浑身不舒服，心绪也很乱。
• Every time I think about it I feel physically sick.一想起那件事我就感到极恶心。

25 auction   

n.拍卖；拍卖会；vt.拍卖

参考例句：

• They've put the contents of their house up for auction.他们把房子里的东西全都拿去拍卖了。
• They bought a new minibus with the proceeds from the auction.他们用拍卖得来的钱买了一辆新面包车。

26 garnish   

n.装饰，添饰，配菜

参考例句：

• The turkey was served with a garnish of parsley.做好的火鸡上面配上芫荽菜做点缀。
• The sandwiches came with a rather limp salad garnish.三明治配着蔫软的色拉饰菜。

27 navigate   

v.航行，飞行；导航，领航

参考例句：

• He was the first man to navigate the Atlantic by air.他是第一个飞越大西洋的人。
• Such boats can navigate on the Nile.这种船可以在尼罗河上航行。

28 wrench   

v.猛拧；挣脱；使扭伤；n.扳手；痛苦，难受

参考例句：

• He gave a wrench to his ankle when he jumped down.他跳下去的时候扭伤了足踝。
• It was a wrench to leave the old home.离开这个老家非常痛苦。

29 bankruptcy   

n.破产；无偿付能力

参考例句：

• You will have to pull in if you want to escape bankruptcy.如果你想避免破产，就必须节省开支。
• His firm is just on thin ice of bankruptcy.他的商号正面临破产的危险。

30 ramifications   

n.结果，后果( ramification的名词复数 )

参考例句：

• These changes are bound to have widespread social ramifications. 这些变化注定会造成许多难以预料的社会后果。
• What are the ramifications of our decision to join the union? 我们决定加入工会会引起哪些后果呢？ 来自《简明英汉词典》

31 turnip   

n.萝卜，芜菁

参考例句：

• The turnip provides nutrition for you.芜菁为你提供营养。
• A turnip is a root vegetable.芜菁是根茎类植物。

32 maxim   

n.格言，箴言

参考例句：

• Please lay the maxim to your heart.请把此格言记在心里。
• "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。

33 prospects   

n.希望，前途(恒为复数)

参考例句：

• There is a mood of pessimism in the company about future job prospects. 公司中有一种对工作前景悲观的情绪。
• They are less sanguine about the company's long-term prospects. 他们对公司的远景不那么乐观。

34 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。