NM, Doha A: According to Article 514 of the Civil and Commercial Procedure Code, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor
may request the imprisonment of the judgment debtor.
As result of the development, the judgment creditor
approached the court again and filed a motion ex-parte for an order, compelling the banks where Osun State government have its accounts to pay the money.
The plain language of [section] 544(a) affords broader authority to an estate representative to step into the shoes of a hypothetical judgment creditor
than most courts have been willing to recognize.
included the claims of the judgment creditor
whose maritime attachment
The remedy of terceria is available to a third-party claimant or to a stranger to the foreclosure suit against the sheriff or officer effecting the writ by serving on him an affidavit of his title and a copy thereof upon the judgment creditor
If the judgment debtor has a claim or potential claim against a third party, the judgment creditor
may acquire the right to assert that claim against the third party, with limited exceptions.
In contrast, with a C or S corporation, a judgment creditor
may be able to seize the debtor's corporate stock and force a sale or liquidation to satisfy the judgment.
SCOPE OF WORK: Providing title searches as detailed below to include identifying the name and address of any and all entities with an ownership interest as well as each recorded mortgagee, lien holder or judgment creditor
as listed in the County Clerk%s office, the Office of the Surrogate of Westchester County, as set forth in NYS Real Property Tax Law 1125.
Consequently, when the judgment debt has become due and payable, the judgment creditor
may pay the mortgagee on behalf of the judgment debtor all the secured money by the mortgage and he will add the amount to the judgment debt; the court, if satisfied that the money secured by the mortgage has been paid, may order the sale of the property.
a) On application by a judgment creditor
of a member of a limited liability company or of a member's transferee, and following notice to the limited liability company of such application, a court having jurisdiction may charge the distributional interest of the judgment debtor to satisfy the judgment.
Rather, the burden is on the judgment creditor
, the party who has won, to enforce the award against the judgment debtor in order to collect.
The Court of Appeal held that in order to fall within condition (6) it was not necessary to show that a Claimant had sold or transferred assets with the specific intention of putting their assets beyond the reach of a particular judgment creditor