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A plaintiff who wins a civil action for damages becomes a judgment obligee and can initiate post-judicial collection procedures. To be officially recognized as a creditor, the plaintiff must file a request for enforcement. A legal debtor can have their assets seized or wages garnished, and a lien on their property must be paid before it can be sold. Litigant creditors have priority over unsecured creditors in a bankrupt debtor’s estate, and fraudulent debts may not be discharged in bankruptcy.
A plaintiff who prevails in his civil action for damages against a defendant is called a judgment obligee. The plaintiff qualifies as a creditor because the defendant is legally obligated, by court order, to pay the plaintiff any damages paid. To obtain the status of a judicial creditor, the plaintiff must first obtain a judgment given by a court of competent jurisdiction. Once that judgment is obtained from the court, the plaintiff can initiate any of the post-judicial collection procedures authorized by law.
After the plaintiff has received a judgment, the court where the action was heard will generally issue a judgment on his or her role. To be officially qualified as a judgment obligee, once the judgment has been officially registered, the plaintiff must file a request for enforcement. It is an official document that recognizes the creditor in the proceedings as a plaintiff and, as such, entitles him to specific pecuniary damages, which are also listed in this document. The defendant in this type of case is known as the debtor of the judgment.
A legal debtor may seek to seize a debtor’s assets or bank accounts, garnish his wages, or place a lien on any property he owns. In most jurisdictions, a creditor must have the judgment enforced before such garnishment remedies can be initiated. The act of using enforcement as a basis for garnishing a debtor’s assets is commonly referred to as enforcement imposition.
A lien on the debtor’s real estate must be recorded in the local deed register where the debtor’s property is located. The lien acts as a cloud, or defect, on the title of the property. Before the property can be sold or freely transferred, the lien must first be dissolved by paying the judgment amount. The claims of a litigant creditor have priority over the claims of unsecured creditors for the purpose of disposing of a bankrupt debtor’s estate. Furthermore, if the judgment obtained by the plaintiff was for fraudulent activity on the part of the defendant, the debt owed may fall under one of the exceptions to the discharge of debts provided by the provisions of the bankruptcy code.
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