Enforcement and Settlements

If you have read any of my past blogs, you know that one of my favorite things is finding debtors and garnishing their accounts or employment.  There is nothing better in my mind than this.

It is even more enjoyable when a debtor is actively evading service and attempting to “hide” from our clients.  I will never understand why people would rather ignore law suits and just bury their head in the sand than responding.     

More often than not, once we garnish a debtor, they contact us and want to settle the matter and terminate the garnishments, all the while claiming that this is the first that they became aware of owing money to our client. 

There are similarities to settlement documents that are entered into before a final Judgment and after the final Judgment.  For example, Minutes of Settlement after Judgment will provide means for protection of your enforcement proceedings for security in the event the debtor defaults on the settlement. 

For this reason, it’s always best to ensure that lawyers are involved in negotiating the settlement.  The last thing that we would want for our client is to agree to terminate valid garnishments and closing the Court file, and then having the debtor default on their agreement.

Getting our clients the money that they are owed is our job, and our offices does everything they can to ensure our clients get paid and remain protected throughout the settlement.  Seriously, we feel the joy in getting you your money. 

Christine Allan, Law Clerk