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If such person does make payment or transfer in disregard of the restraining notice, he takes the risk of liability for damages and contempt if the judgment creditor can establish that the debt was owed to the judgment debtor or that he had an interest in such property.
On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the limited liability company membership interest of the member with payment of the unsatisfied amount of the judgment with interest.
Additionally, the cour documents stated Snipes "may be subject to arrest and punishment for contempt of court, and the court may take an order requiring [him] to pay reasonable attorney fees incurred by the judgment creditor in the proceeding.
third-party permits the judgment creditor to recover damages if the
The most important, yet fraught, aspect of that collections procedure is the right of a judgment creditor to implead third parties into the already open and pending matter in which the judgment was entered.
A judgment from the court does not guarantee that the judgment creditor will be fully, or even partially, reimbursed.
that "if a judgment debtor does not currently have property in [the forum], a judgment creditor should be allowed the opportunity to obtain recognition of his foreign-money judgment and later pursue enforcement if or when the judgment debtor appears to be maintaining assets in [the forum].
Third, Mid-America's interpretation ran counter to the purpose of post-judgment interest, which was tailored to encourage payment, including partial payments, and to recompense a judgment creditor for money due him of which he has not had the use.
One judgment creditor of the borrower is a San Jose, California--based partnership.
If a final judgment remains unpaid for 30 days, the judgment creditor would have a choice of collecting on the appeal bond posted in their case, or having the stay against the appellant lifted.