Forthcoming June 2019 • paper
Designed to be inserted as a unit into a course on Civil Procedure, Remedies, Debtor-Creditor Rights, Bankruptcy, Secured Transactions, or perhaps other subjects, this book describes how lawyers achieve what civil litigation clients pay for—not a judgment declaring that the plaintiff is entitled to money, but actual money that the plaintiff can use to compensate for the contractual or tortious injury on which the lawsuit was based.
It is also addressed to practicing lawyers and even laypeople who want or need to understand the details of the critical point at which the rubber meets the road in a civil lawsuit. Most judgments in the US awarding money to a victorious plaintiff are not self-enforcing. Plaintiffs’ lawyers and their clients need to have some sense from the very beginning of a lawsuit how a paper victory might ultimately (or not) be translated into lucre, most plaintiffs’ real goal. Not to leave out the defense side, this book also describes the many ways by which defense counsel and their clients can invoke the law to protect themselves from expropriation of the defendant’s assets by judgment creditors, not only while the judgment enforcement process is unfolding, but also in advance.
This book is a survey, not a treatise. It does not examine the multivariate laws of the 50 states, the District of Columbia, and the federal system. That being said, it does provide a detailed examination of the specific procedural rules implicated in the money judgment enforcement process, and it makes precise and fairly exhaustive reference to the statutes and jurisprudence of several key jurisdictions. Most references are to the state and federal law of three key, high-population states in which substantial collection activity takes place—New York, California, and Illinois—but other states’ laws figure prominently here as well—Texas, Florida, and Pennsylvania in particular. All of the fundamentals are covered and arranged in logical order to allow readers to proceed to enhance their understanding by (1) finding the relevant additional details in these states’ laws, and/or (2) anticipating and finding the relevant provisions in states whose law is not specifically analyzed. This is a guidebook, leading the reader to and describing the highlights, but leaving some of the adventure to be undertaken independently.
If you are a professor teaching in this field you may request a complimentary copy.