Execution order on a judgement awarded

K

Klockdoc

New Member
Jurisdiction
Missouri
Hello, I was awarded a judgement on an LLC through civil litigation.

I discovered a property the LLC owned and found that there was a court issued transcribed judgement entered against the property since it was in the same county.

I want to issue an execution order against the property in order to force action to collect my judgement.

Can this be accomplished through an attorney? Individually through me? Or does a foreclosure have to be performed?

Thank you.
 
Execute on Your Lien
Executing on your lien means having the sheriff sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).

Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.
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www.nolo.com

Judgment Liens on Property in Missouri

In Missouri, you use a judgment lien to collect a court judgment. Learn more about judgments, how to get a judgment lien, and what the process looks like.
www.nolo.com www.nolo.com

Again, consult an attorney regarding the costs involved. You may have to put up many thousands in attorney fees up front just to get started.

You might be better off waiting until the debtor has to sell or refinance the property.
 
Klockdoc said:
Does a foreclosure on the property need to be filed or can an execution order be placed and force him to either cover the judgment or sell the property?
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Uh, yeah good luck with that. If moron has collections against him then more than likely he hasn't paid taxes on said property. Your judgement is as worthless as the LLC he created which I would imagine he is on his 3-5 LLC as we speak.

All lenders, judgements, liens are set aside until the taxes are brought up to date on said property.
 
Redemptionman said:
All lenders, judgements, liens are set aside until the taxes are brought up to date on said property.
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I know what you mean to say by this, but they are not "set aside" in a legal sense. The claims you refer to have a lower priority.

I'm only correcting you to avoid a misunderstanding on the OP's (and others') part.
 

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