Page 145 - Judgment Enforce Course_Neat 2
P. 145

Judgment Enforcement – The Step-by-Step Course


                            ✓  Fill out your writ and any cost statement required

                            ✓  Send it to the court with the right fee and return envelope
                            ✓  Contact the sheriff again and set up a date
                            ✓  Get the forms to the sheriff, and the instructions as to the
                               place and what to garnish, and pay the sheriff’s fee
                            ✓  Sit back and let the sheriff do the rest



                                                                                        I know this will seem
                                                                                    complicated at first, until you
                                                                                    do it. Second time, it will be a
                           Step 9: Assignment Orders!                                           snap.


                       This is way too cool. Assignment Orders. When all else fails, this may well be the way
                    to go. Actually, sometimes I just start with this because they are so useful and practical.
                    They do take a bit of court paperwork.  But I’ll show you how to do them.


                                      Definition: And assignment or is an order by a judge
                                 telling someone who owes the JD, to pay you instead of the JD.


                    Example #1:   You have a judgment against an apartment owner who
                    has several tenants. Your Assignment Order will be an order from the
                    court telling the tenants to pay you their rents instead of paying the
                    owner, until the judgment is paid in full.

                    Example #2: You have a judgment against a fellow who is living off
                    his grandfather’s will. He receives a check every 60 days.

                    With an Assignment Order, the court orders the attorney or other person who sends the
                    debtor the money, to send you a check instead.

                    Example #3:  Your JD, Bob Hullaballu, is a REMAX agent. As such he’s an independent
                    contractor. He’s not an employee, so you can’t garnish his wages. But the court can assign
                    to you the rights of money coming to him as his percentage of the sales.

                    Essentially, an assignment order allows you to intercept the money before it gets to the
                    debtor.
                                     Assignment Orders are effective when the debtor
                                     is going to receive . . .
                                   ✓  rents from tenants,




                                                                                               145 | P a g e
   140   141   142   143   144   145   146   147   148   149   150