Cleveland, Ohio (November 30, 2022) - Cleveland/Akron Partner Gregory P. Amend recently co-authored an article for the Cleveland Metropolitan Bar Association (CMBA) titled, “So, You Got a Judgment, Now What?” The article addresses strategies for attorneys and their judgment creditor clients to employ during the post-judgment phase of litigation.
Mr. Amend opens the article by explaining that following a judgment, “a new battle begins: getting the defendant to pay up.” He notes, “In order to effectively manage your client's expectations, you should consider all viable options, develop an effective strategy and provide a realistic assessment of the challenges and uncertainties that can arise during the collection process.”
Next, the article discusses the typical components of the post-judgment phase and provides recommendations concerning each. For example, Mr. Amend advises that attorneys should ensure that a judgment is final under Ohio law and identify a debtor's assets before seeking to collect. He explains, “It may make strategic sense to wait until you know whether an appeal has been filed and/or how any remaining claims/liabilities play out . . . Gathering specific insight as to the debtor's assets before initiating collection efforts will save you significant time and allow you to focus on efforts more likely to obtain results.”
The article also addresses considerations regarding conducting a debtor's exam, obtaining a judgment lien, options for creditors who “are forced to exercise their rights on an involuntary basis,” and how to keep a judgment active in Ohio.
Mr. Amend is a member of Lewis Brisbois' Complex Business & Commercial Litigation Practice. A commercial litigator and trusted business adviser to his clients, he helps a wide array of business owners - from locally owned entities to Fortune 500 companies - avoid and resolve disputes.
Read the full CMBA article here.
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