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Best practices would generally infer that judgmentenforcement differs based on the creditor’s industry, but that’s not the case. Best practices to enforce a judgment differ based on the judgmentdebtor’s location, industry, and more. In this instance, we found six cases filed against the debtor.
Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgmentenforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach. The funds, although earmarked for payroll, were not exempt.
The goal of the merchant cash advance lender, or any lender, is to be able to enter a judgment and seize assets quickly once a loan goes bad. The loans almost always include a personal guaranty , which provides relief for the lender against more than the corporate borrower, who might likely be failing.
Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act.
Such advice would violate the Rules of Professional Conduct, since the attorney for the creditor may not also provide legal advice to the debtor. Also, on an auto loan, there could be more than one missed payment, followed by a repossession, followed by a sale of the collateral and establishment of a deficiency balance.
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