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The judgment creditor may also seek to execute the money judgment against intangible property, such as bank accounts, accounts receivable, and other debts owed to the judgment debtor by third parties. The creditor must request that the clerk of the court who issued the fi fa follow this up by issuing a "summons in garnishment" directed against ...
That month, recovery trustee Irving Picard received funds from the Bank of New York account where Bernard Madoff held new investments into his Ponzi scheme. As it has been concluded that no legitimate investments were made on the investors' behalf for at least the last 12 years of operation, recovery has proceeded on a "money in/money out" basis.
Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
Prejudgment attachment or Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered.
The lawyers asked the judge in a court filing for an order approving the $91,630,000 bond and staying execution of Carroll's judgment. The terms of the bond — and how much money or collateral ...
The request can be made for any amount up to the outstanding value of the judgment along with an application for the costs of requesting the warrant. A warrant of execution can be issued in the County Court to recover a debt between £50 (£600 if the debtor is in Scotland) and £5,000.
Every year, more and more people fall prey to scams. Data from the Federal Trade Commission shows that in 2021, consumers reported losing more than $5.8 billion to fraud. That's a 70% increase from...
The question of replevin becomes moot should the item in question no longer exist as an entity, i.e. if it is destroyed, or in the case of a bag of money, for instance, if the money has been spent. For this reason, the item is normally seized by the court when the action is filed and held until the decision is reached to prevent the waste of a ...