FAQ’s: What Happens After You Get a Favorable Decision: Getting a Judgment and Enforcing the Judgment

Let’s assume that we file a motion in court seeking a decision in your favor because:

  1. The defendant did not respond OR
  2. The defendant did respond but all discovery is complete and there are no issues of fact OR
  3. 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:

  1. File a proposed judgment plus any other exhibits the Court requires.
  2. Wait for the court to sign off on the judgment
  3. Once you have the judgment you engage in the process of locating assets, freezing bank accounts, and garnishing wages.
  4. 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
  5. 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.