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Judgement.If I sue a corporation, and won a judgement.......?

can I force the corporation to sell their property to satify the judgement.

2 Answers

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  • JFAD
    Lv 5
    1 decade ago
    Favorite Answer

    If your judgment is against a corporation or a partnership, the sheriff can seize all of its property. The sheriff can only levy on property the judgment debtor truly owns - not property owned by somebody else, such as leased property. Once you have located property the sheriff can seize, you take your judgment to the Clerk of the Court that issued the judgment and ask for a document called a Writ of Execution. This tells the sheriff to seize property of the judgment debtor to satisfy your judgment. You then deliver the writ to the sheriff's office in the county in which the property is located. You must also give the sheriff written instructions, called Instructions for Levy. These instructions describe the property, and tell the sheriff where it is located. Before the property can be sold, you have to check with your State Department to see if there are any judgment liens filed under the name of the Judgment Debtor. You must also check for creditors who have filed UCC security interests in the name of the Judgment Debtor. You must notify all of these people of the time and place of the sale. You then give the sheriff a signed affidavit, on which you provide the information contained in all the judgment lien certificates filed against the Judgment Debtor.

    Once the notices have been sent, the sale must be properly advertised in a local newspaper. Then at the designated time and place the sheriff will sell the property at a public auction. You can bid at the auction if you want to. The highest bidder for cash in hand pays the price to the sheriff and becomes the owner of the property. The sheriff will pay out the money received from the sale in this order:

    * The sheriff pays the sheriff's costs and if the sale price covers these costs you will get your deposit to the Sheriff back.

    * Tthe sheriff pays you $_______ for your costs.

    * If somebody obtained a Judgment Lien before you did, the sheriff pays that person before paying you. If others have filed before you the sheriff pays everybody in the order of filing. If the sheriff runs out of money before getting to you, you get nothing more. This explains why it is such a good idea to obtain a Judgment Lien as soon as possible. If no judgment liens have ever been filed the sheriff will pay you first, and anything left over will go back to the judgment debtor. But it's still a good idea to file as soon as possible. If you don't, there is always a chance that somebody might file during the execution process and come in ahead of you.

    Source(s): findlaw.com
  • Anonymous
    1 decade ago

    Yes, you can go after any assets the corporation has.

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