Sussman

Judgment Enforcement

For years, Sussman Shank has assisted clients in capitalizing on their judgments. Whether forcing the sale of real property, seizing funds from banks or third parties, forcing the sale of tangible or intangible assets, filing fraudulent transfer actions, or undertaking other methods of collection, we have the experience to efficiently enforce your judgments.

Representative Experience

Oregon and Washington Judgment Lien Foreclosures
We represented a number of clients in which we obtained judgment liens against debtors' real properties and thereafter foreclosed the judgment liens.  One example is when we successfully collected $1,500,000.00 from a debtor by first locating real property owned by the debtor, then taking the necessary steps to secure a judgment lien, and thereafter using the Sheriff to force the sale of such real property.

Confession of Judgment and Writs of Garnishment
We negotiated a confession of judgment for a client in excess of $270,000.  After several payments were made, the judgment debtor defaulted.  Thereafter, we successfully collected the entire balance within a two-week timeframe through a comprehensive writ of garnishment strategy.

Fraudulent Transfer Actions
We represented a client who obtained a muti-million dollar judgment against a debtor who had fraudulently transferred assets in an effort to avoid paying the judgment.  We successfully brought suit against the transferees/recipient of the assets in which the transfers were avoided and made them available to our client to satisfy the judgment.

Enforcement of Divorce Judgment
We represented a client in fully collecting an over 10-year-old support judgment by conducting due diligence to determine the debtor was the beneficiary of a trust.  We were able to transcribe the judgment to a different state and issue a garnishment to the trustee before the trustee distributed the trust assets to the debtor.

Developed Collection Strategy Through Judgment Debtor Examination
We obtained a court order requiring the judgment debtor to produce documents and answer questions under oath concerning the debtor's assets.  As a result of the information obtained at the examination, we were able to develop a collection strategy that was more efficient and less costly.

Competing Creditors
Through investigation of the judgment debtor's assets, we learned of real property in multiple states.  We were the first to obtain judgment liens against the debtor's real property.  As a result, our client obtained the superior judgment lien on those properties and the first right to proceeds from the sale of those properties.  The other creditors were not as quick to obtain judgment liens and, as a consequence, were unable to be made whole.


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