Enforcement
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Are fees and costs of enforcement typically recoverable?

In the United States, fees and costs are typically not recoverable. However, they may be recoverable in certain circumstances including if there is a contractual agreement for the payment of fees or if the court deems the actions of the opposing party to be frivolous or taken in bad faith.

Is seizure of goods available as an enforcement method?

Yes, although the procedures for doing so vary by state.

Is attachment of earnings available as an enforcement method?

Yes, attachment of earnings is generally available as an enforcement method, although the procedures for doing so vary by state and some states may limit the amount or type of earnings that may be attached.

Is attachment of third party debts available as an enforcement method?

Yes, although the procedures for doing so vary by state.

Are charging orders or orders for sale of land, goods etc available as an enforcement method?

Yes, although the procedures for doing so vary by state.

Can a judgment or award be enforced by way of insolvency proceedings?

In practice, it is relatively difficult to compel involuntary bankruptcy unless the judgment creditor is a substantial creditor as compared to others. Of note, the U.S. Bankruptcy Code allows debtors to discharge obligations as part of bankruptcy, so it is important for judgment or award creditors to assert a claim in any bankruptcy proceeding that is initiated by the debtor or a third party to avoid loss of their future ability to enforce.

Can a receiver be appointed by way of enforcement?

Yes, although the procedures for doing so vary by state.

Any other method of enforcement?
  • Attachment and sale of personal and real property;
  • Attachment of income, including wages;
  • Discovery procedures to locate the judgment debtor’s property, including examination of the judgment debtor under oath;
  • Receiverships;
  • Turnover orders;
  • Asset freezes;
  • Penalties for contempt of court orders;
  • And, in limited cases, arrest of the judgment debtor