Let’s assume that we file a motion in court seeking a decision in your favor because:
- The defendant did not respond OR
- The defendant did respond but all discovery is complete and there are no issues of fact OR
- The defendant’s defenses and claims should be dismissed
Assuming we get a favorable decision on your motion (which we could wait 2-4 months for after we file the motion), then the court may want a hearing to determine your damages – called in Inquest Hearing.
Once all that has been completed you have a Decision from the Court that you have to convert into a Judgment by doing the following:
- File a proposed judgment plus any other exhibits the Court requires.
- Wait for the court to sign off on the judgment
- Once you have the judgment you engage in the process of locating assets, freezing bank accounts, and garnishing wages.
- Step 3 entails sending subpoenas and restraining notices to banks in the area, and sending a subpoena to the defendant to appear in my office for a deposition regarding his/her assets
- Once we’ve located assets we enforce the judgment by seizing all non-exempt assets. This may involve paying a marshal.
This is a general guide meant to broadly answer a commonly asked question about the litigation process. Contact Us to discuss your specific case and the process that may apply to your case.