Once a judgment is obtained (through either a default judgment, court order, or jury verdict), then what?
Question:
Once a judgment is obtained (through either a default judgment, court order, or jury verdict), then what? In your ungraded activity this week, you prepared a motion for garnishment. Mr. Dewey Cheatham, Esq., would like a memorandum explaining all the options to enforce the judgment in this case, as well as ways in which the Defendant might try to evade the enforcement of the judgment. At a minimum you should be discussing three (3) ways in which Mr. Cheatham can seek to enforce the judgment, and three (3) ways in which the Defendant might attempt to evade enforcement.
As a reminder, the following are the facts of the case:
Silence DoGood, who has filed a complaint for negligence stemming from an auto accident, against Nick Slick. The complaint was filed around September 1, 2015. In the complaint, Ms. DoGood requested $50,000 in damages for emotional distress, anxiety, and compensation, after Nick Slick negligently damaged a box of letters Ms. DoGood had been keeping. He was supposed to restore the letters, which were family heirlooms, but ended up burning the letters beyond repair.
The case has been pending in Greenacre district court. The Greenacre court issued a summons on September 3, 2015, by certified mail. It was returned having been claimed on October 1, 2015. No answer or other document has been filed by Nick Slick. Mr. Cheatham filed a Motion for Default Judgment, which was granted by the court. After a damages hearing occurred, the court issued judgment in favor of Ms. DoGood in the amount of $35,673.
This assignment should be formatted as a memorandum from your supervising attorney to the client. You should use at least three (3) Colorado primary legal sources formatted according to Bluebook Standards. For writing assistance, consider using Grammarly or submitting your written assignment to the Writing Lab prior to submitting your assignment.
- Your memo should contain the following sections:
- Heading or Caption
- Facts
- Issue(s) Presented
- Answer to Issue
- Reasoning or Discussion
- Conclusion
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts