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.

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The Wild West: Shootout in the Law and Motion Department

December 16, 2010

Originally Published in Debt3 Vol 25, Issue No. 5, September/October 2010

By David J. Cook

Being successful in cases that involve attachments.

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Class Actions and The Limits of Recovery: The Glass Jaw of Justice

December 16, 2010

Journal of Legal Technology Risk Management, Fall 2010, Issue 5.1

By David J. Cook

As suggested in this article, pre-judgment remedies available to class action plaintiffs now assume greater importance.  With provisional relief at hand, a plaintiff can assure him/herself of payment, accelerate the pace of litigation, and achieve an earlier final resolution than would be possible with ten (or even twenty) years of bitter and very expensive litigation.  However, the necessity of showing exigent circumstances and posting a security equal to or in excess of the claim renders the pre-judgment attachment inaccessible.

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