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March 1 - These can be ordered except arbitration 1...

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March 1, 2010 Business law 5. Enforcement 1. Abstract of judgment (lien on non exempt real property) a. Exempt real- house 2. Write of execution- order to go out and get exempt personal property a. Nonexempt=everything but a car and $30.000 of personal property i. i.e. dog, jet ski, boat, money in the bank 3. Turnover order- get the sheriff to be able to go get the property that you know they have. i.e. get a boat that they are hiding 4. Write of garnishment- if you can find a 3 rd party that owes money to the judgment debtor then the judgment creditor can apply to a court for a WOG that will be served on this 3 rd party. Then the person can get the money/property that’s owed from the 3 rd party person as payment. a. In many states (not Texas) you can get garnished wages Alternative Dispute Resolution (ADR) Quicker Cheaper A lot less adversary- doesn’t destroy all business relationships These have to be agreed upon. You do this instead of a trial.
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Unformatted text preview: These can be ordered except arbitration 1. Arbitration a. Binding procedure b. Must be agreed upon to arbitrate instead of legate. c. Contracts can say: in the event of a dispute in this contract all parties agree to arbitrate. So you can never have a trial if you sign that. d. Arbitrators aren’t always lawyers. Some are. e. Can have witnesses and swear them in f. Can have evidence 2. Court Annexed Arbitration a. Nonbinding bc the parties haven’t agreed to it, the court has ordered them to go b. If you go to trial after court annexed arbitration and you get less then you have to pay the other side’s court, attorney and filing fees for the trial and arbitration c. Which one of these is binding: ARBITRATION 3. Mediation a. No award b. Try to steer the parties to a negotiated settlement c. 4. Mini (Summary) Trials...
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