Concern: So you have won the court case but the defendant-debtor hasn't paid. A creditor must identify the debtor home subject to execution. The county sheriff executes the writ by seizing the debtor's property. The sheriff then auctions the debtor's property and applies the sales proceeds, much less expenses, to satisfy the judgment. Any preexisting liens on the home need to be paid prior to any money is offered to pay the judgment creditor. The debtor can bid for his personal house at the auction.
Debt-collection businesses are currently licensed by the Office of Fair Trading - and the OFT produces guidance on how they should carry out their consumer credit activities. We take that guidance into account when we look into customer credit complaints about debt collection. We also consider any relevant law, as well as the details and situations of the predicament.
Hank - I would not advocate you do this with no input from an lawyer. I would would to make sure you have an ironclad guarantee that no 1 can come after you for the distinction and that it will be listed as happy on your credit reports. I am not certain you can do that oneself without the organization also releasing you from liability. (Don't forget the business is about to go through a legal proceeding - bankruptcy - and that may have an influence.) I'd suggest you talk with a customer bankruptcy lawyer to make sure all is in order prior to you sign anything. I am confident it will be cash well spent.
Many attorneys, specially these you have to pay hourly, deal with civil claims by means of to judgment, but their representation may most likely be restricted in its scope and not consist of collection activities after winning your case, so when a verdict is returned and the post-trial matters are finished your attorney might be completed, as well. When that occurs, you can be left in the lurch with a big bill to your former lawyer, a piece of paper stating you're owed an award, and in a tight monetary spot.
It happens far more often than you feel it would - folks get sucked into lawsuits that they have no possibility of wining, and even significantly less reason for continuing. The prospect of winning, of proving that you are proper and the other side in the incorrect, can be a robust motivation to remain in a lawsuit that you have no enterprise getting in. Prior to embarking on an odyssey into the twists and turns of a trial in a courtroom, ask a few, trusted friends to watch the progress of the case and tap you on the shoulder when and if issues head south. Often instances the eyes of a individual that is not personally involved in a lawsuit are the best judges of whether a cause is worth continuing.
File a complaint. If your attorney thinks that you have a good case, then your lawyer will have to draft a complaint and file it with the suitable court. The complaint alleges the information surrounding the dispute, the legal justification for the lawsuit, and your requested relief.
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