Tag: Personal Litigation

In a shocking decision, rising star clarinetist Eric Abramovitz was awarded $375,000 in a default judgment against his ex-girlfriend Jennifer Lee. Mr. Abramovitz was offered a full scholarship to study under world-renowned clarinet pedagogue Yehuda Gilad. Unbeknownst to Mr. Abramovitz, his girlfriend at the time Ms. Lee had deleted the acceptance email, impersonated him and declined the offer. As a result, Mr. Abramovitz lost a significant educational and career advancing opportunity. Not to mention the hurt and betrayal he endured as a result.

Though this appears to be a significant victory for Mr. Abramovitz, there is a good chance he may never see the money he was awarded if Ms. Lee cannot be found. Many people think that after a judge’s decision or default judgment, the “winner” will automatically get paid, however, this is not the case. An order from the court is not a guarantee of payment. The process to obtain the monies can get complicated and expensive.

Typically, the first step to recover judgment money is to write a letter to the debtor requesting payment and working out a payment plan in order to avoid going back to court. If the debtor, however, is unresponsive and/or uncooperative there are a number of mechanisms that can be used to enforce judgment.

The creditor must first determine if the debtor has money, assets that can be seized or sold, or a debt owing to the debtor by a third party such as employment income that can be garnished. The debtor can request this information through an examination in aid of execution in order to determine the creditor’s place of employment, income, bank account information, available property, other debts owed etc. After the examination, the primary routes for obtaining the monies are:

1. Garnishment – If the creditor is able to determine the debtor’s place of employment, they can obtain a garnishment order. The debtor’s employer would be obligated to provide wages to the court, which would then be given to the creditor. A notice of garnishment remains in force for six years and can be renewed if the debt is not paid in full.
2. Writ of Seizure or Sale – A creditor can file a writ of seizure and sale which would be enforced by a sheriff. There is a writ for personal property which are all belongings besides real property and money. And a writ for the seizure and sale of land which is for real property. Essentially, the sheriff would obtain the debtor’s belongings, have them sold, and proceeds would go to the creditor. The writ of seizure and sale of land can be particularly effective since it encumbers the land and prevents the debtor from being able to buy or sell land until the debt has been paid off.

To conclude, obtaining a paper judgment is only step one in what can be a lengthy, expensive and complicated process to obtain the money owed. If the debtor is unemployed and has no assets, it may not even be worth the trouble and cost of litigation to obtain a judgment against them. This is something to consider and should be canvassed with a lawyer prior to commencing a legal action.

Devry Smith Frank LLP is a full-service law firm located in Don Mills. If you require assistance with a litigation matter or need a litigation lawyer, please contact Devry Smith Frank LLP today.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”