Connecticut Judgment Collection Attorney
Once you have received a judgment against a Connecticut resident, or a Connecticut LLC or Connecticut Corporation, the next step is to attempt to collect on the Judgment. Unfortunately, enforcing a money judgment in Connecticut can be more difficult and daunting than the underlying lawsuit that led to the judgment. The person who wins the judgment is called the judgment creditor, and the person or entity against whom the judgment issued is called the Judgment Debtor; for practical purposes you are no longer referred to as Plaintiff and Defendant. In addition, once you have received a judgment, Connecticut’s postjudgment procedures and laws take effect. A lawyer that handles enforcement of money judgments in Connecticut will be familiar with Connecticut’s special postjudgment procedures.How Long is Your Money Judgment Enforceable?
Even if you have secured a judgment in Connecticut it may seem impossible to enforce the judgment for a variety of reasons: perhaps it appears the LLC is no longer operating, or the judgment debtor has no assets or wages to collect against. Keep in mind, judgments issued by Connecticut Superior Courts are enforceable for up to 20 years, and can possibly be revived for an additional period of time if proper procedure is followed before the 20 year expiration. An execution on a judgment rendered by Connecticut Small Claims court may be issued by the court up to ten years after the judgment entered. Even if your Connecticut civil judgment attorney cannot collect immediately against the judgment debtor it is important to continue to monitor the Judgment debtor’s financial situation. A judgment that is not enforceable now may become enforceable if the judgment debtor becomes employed or otherwise comes into money.Money Judgment Enforcement Attorneys in Connecticut
Connecticut has several postjudgment procedures in place that allow one to attempt to enforce a Connecticut money judgment. A judgment creditor may be able to garnish the debtor’s wages, levy bank accounts or property. The judgment creditor may also be able to go after property owned by the debtor but held by a third party. In addition, if a judgment debtor has interest in another, unrelated, LLC, the judgment creditor may be able to file a Motion for Charging Order, which allows a creditor to go after any distribution the debtor may be entitled to from that unrelated LLC.Postjudgment Discovery Attorneys
Following judgment, your judgment enforcement attorney or the judgment creditor will be able to send questions to the judgment debtor, called interrogatories, which require the debtor to provide information regarding its assets and income. These answers may reveal where the person is employed and by whom, if the debtor has any other income, whether the debtor has bank accounts, real estate, or any non-exempt personal property that may satisfy the judgment.
If these interrogatories are not answered sufficiently by the judgment debtor, then Connecticut law allows the judgment creditor to petition the court for the debtor to attend a special court session, called an examination of judgment debtor, for the purpose of allowing the judgment creditor or your judgment attorney to ask the debtor questions under oath. Your attorney may also attempt to take the deposition of the debtor as it would in a civil lawsuit.Domestication of a Foreign Judgment Attorneys
Collecting a money judgment can be made even more difficult if the only assets and/or property the judgment debtor has is located in a different state than where the judgment was obtained. If you are a judgment creditor with a money judgment against a Connecticut resident or Connecticut business then it may be necessary to hire a Connecticut attorney to enforce the judgment. The process by which a foreign judgment (a judgment obtained outside the State of Connecticut) is made enforceable on a Connecticut resident is called domestication, and it is governed by Chapter 928 of the Connecticut General Statutes: Uniform Enforcement of Foreign Judgments.
This law governs the procedures a judgment creditor must follow in order to enforce a judgment obtained in another state against a Connecticut business or resident. While most states have similar laws in place, some states, like Connecticut, have made it more difficult to domesticate and enforce foreign judgments. Connecticut, for example, will not domesticate a foreign judgment under this law if the judgment was obtained when the judgment’s debtor’s failed to appear or by what is known as a confession of judgment. Your foreign judgment attorney may be able to advise you as to whether your out of state judgment is enforceable in Connecticut and, if not, whether some other cause of action on the judgment is appropriate.Contingency Fee Attorneys Collecting Judgments
At Aeton Law Partners, in addition to representing companies and individuals in business and civil litigation, we represent parties who have already obtained judgment and are now attempting to collect or enforce the judgment. We do not handle collections of small judgments. However, we handle select judgment enforcement matters on a contingency fee basis. We also will represent clients at our standard hourly rates, or on a hybrid fee basis (a combination of a smaller contingency fee and a reduced hourly rate). Please contact Aeton Law Partners at 860 724 2160 with any questions on enforcing a judgment in Connecticut.