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Civil lawyers, how often do you let a payment plan be set up after a judgment has been entered at trial?

Los Angeles, CA |

How often do you set up a payment arrangement with the losing party?

Do you pursue for wage garnishments immediately?

How often do you pursue wage garnishments?

Attorney Answers 3

Posted

The nature and degree of measures to be applied to enforcement of a judgment and collection against the assets of a judgment debtor will ordinarily take into account a number of factors including but not limited to the assets of the debtor that are subject to seizure or collection and the prospect for the judgment to be discharged by a bankruptcy filing.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

Thank you, I realize my question is broad and is dependent upon many variables. I did provide an example below in Attorney Doland's post, may I ask your personal opinion?

Posted

I agree with Ms. McCall. At our office, I first seek the client consent. Next, I normally will accept some payment plan rather than the "hassle" of chasing down the debtor (unless bankruptcy is imminent according to "our" information.) We are experienced in wage garnishments and do them from time to time.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Asker

Posted

I see. If I may throw out some numbers here: 20k judgment, losing party has no assets but work stable job, not facing bankruptcy (unable to as these are fraud charges), 25% of take home pay would be about $600. Losing party offers to pay $350 monthly. Would you personally accept this?

Asker

Posted

With say...5k upfront

Christine C McCall

Christine C McCall

Posted

I wouldn't, unless all other options were worse. But the facts provided here are not sufficient to make a realistic determination: bank accounts? real estate interests? investments? tangibles? job security? You are proposing that the defrauded person wait 5 years to be done with this. That's a tough sell if the law provides alternatives.

Michael Charles Doland

Michael Charles Doland

Posted

I am so sorry, you have my analysis above and beyond that I cannot engage in hypotheticals.

Asker

Posted

Losing party has no assets at all; there is absolutely no way to pay quicker (loans cannot be borrowed/taken out either). Would there be a less chance of garnishments if the losing offers the 25% of their take home pay upfront with a sizable chunk also up front? I realize this question is getting a bit specific, but just speaking from a hypothetical standpoint. I greatly appreciate both your inputs.

Christine C McCall

Christine C McCall

Posted

Sorry, I've given you my best at stating the general principles on this. More specificity would, in my view, constitute legal advice and for that you need to be under contract for legal services.

Posted

I agree with counsel that an attorney would weigh several factors prior to determining whether a payment plan is the appropriate collection method. If you are represented by counsel, you consult with your lawyer about your particular case as it will be difficult for an attorney on this site to provide clear guidance without knowing the facts.

None of the information on this site constitutes legal advice. It is an ad for attorney services. The attorneys at DeDecker & Meltzer are licensed attorneys in the state of California. The information is intended to be general in nature as there are many laws and regulations not mentioned on this site that may apply to your situation. No attorney-client relationship is created between you and the Law Office of DeDecker & Meltzer unless a signed written fee agreement exists. You should not rely or act upon the information provided on this site without seeking the advice from an attorney.

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