Having Trouble Collecting from a Bar? Seek an Appointment of the Liquor License

April 12, 2011

In the case of J & J Sports Productions v. Jorge Alberto, et al., 2011 WL 1134265 the judgment creditor received a judgment against the owner of a bar who had broadcast a pay per view boxing match without authorization.

When the bar owner refused to pay the judgment, the judgment creditor moved for the appointment of a receiver of the bar’s liquor license which was granted.

Read the order here.


Obtaining Answers to Discovery from Foreign Sovereigns

February 4, 2011

While foreign sovereigns are generally immune from falling under the jurisdiction of US courts, the Foreign Sovereign Immunities Act (FSIA) provides that state sponsors of terrorism are no longer protected from being sued in US courts if certain conditions are met.

Once a court acquires jurisdiction over a foreign sovereign, it also has jurisdiction to compel compliance with its orders. In the case of Peterson v. Islamic Republic of Iran, the judgment creditors sought  post judgment discovery responses from Iran to aid in the collection of a $2.7 Billion  judgment.  Iran failed to respond to the discovery requests, and the court entered an order compelling discovery.

View the order here
Citation: 2008 WL 8216327

Judgment Debtor Won’t Pay? Seek an Assignment of Funds Held in Their Attorney’s Trust Account.

January 26, 2011

When faced with a judgment debtor who is a defendant in multiple cases, there is a high probability that they have turned over significant funds to their attorneys from which to pay out settlements in the various matters.

Such was the case with Asbestos Corporation Limited (ACL), a Canadian corporation that is frequently sued in the United States for personal injuries related to, you guessed it, asbestos.

Believing that ACL had deposited significant funds with the Pennsylvania law firm of Goldfein & Joseph, the judgment creditors obtained an assignment order which then allowed them to seek a turnover of funds held by the judgment debtor’s attorneys.

View the assignment order here

Strategies & Techniques for Dealing With Delinquent Credit Accounts

December 20, 2010

Originally published in The Credit and Financial Management Review, First Quarter 1996, Volume 2, Number 1

A Q & A by David J. Cook.

Several questions are answered regarding guarantees, inferior products, personal guarantees, and preferences are answered.

Read the Full Article Here

Financial Statements: A Map to Hidden Treasure

December 20, 2010

Originally published in – Commercial Law Bulletin January/February 1998

By David J. Cook

A debtor’s financial statements are a great resource  to aid in the collecting of a debt.

Read the Full Article Here

The Defendant Has Not Written You the Check, Now What?

December 16, 2010

Originally published in The Federal Lawyer, February 2010. Reprinted with permission. Copyright The Federal Lawyer.

By David J. Cook

This article provides a field manual for dealing with a defendant or judgment debtor who fraudulently conveys assets in the face of a high dollar judgment.

Full Text

When the Garden Hose is the Insurance Policy

December 16, 2010

Plaintiff  Magazine, January 2010

By David J. Cook

The damages exceed insurance limits, and the value of defendant’s real property value has risen but his liability insurance has not been kept up. A collection attorney looks at when and how to go after hard assets, how to bargain for them, and when to settle for the insurance policy limits.

Full Text

Lifting the Veil of Asset Protection: Strategies to Uncover Hidden and Secreted Assets Through the Development of Tent Pole Jurisdiction

December 16, 2010

Financial Fraud Law Report Volume 2 Number 9,  October 2010

By David J. Cook

This article is the judgment creditor’s roadmap to recompense.  This article focuses on, in particular, the California state court remedies available to a judgment creditor to ferret out information that will reveal the assets of a judgment debtor and thereby enable the judgment creditor to reach those assets in the process of satisfying the judgment, but many of the concepts discussed here are, of course, applicable across the country.

Full Text