Debt Collection: Table of Contents

• Prejudgment Remedies: General Principles, Attachment
  • Overview of the Legal Process
  • Due Process
  • Attachment
• Other Prejudgment Remedies: Prejudgment Garnishment, Replevin, Lis Pendens, Receivership, Court Injunctions
• Execution and Levy
  • Exempt Property That Cannot Be Levied by Unsecured Creditors
  • Levy
  • Sheriff's Sale
  • Distribution of the Sale Proceeds
• Judgment Liens
  • Creating the Judgment Lien
  • Judgment Lien Priority, Enforcement, and Termination
  • Removing Judicial Liens on Exempt and Oversecured Property in Chapter 7 Bankruptcy
• Garnishment
  • Wage Garnishment Laws
  • Stopping the Garnishment of your Wages
  • Garnishment Update
• Statutory Proceedings in Aid of Execution
• Fraudulent Transfers
  • The Process of Avoidance
  • Grounds for Avoidance
    • Actual Fraud
    • Constructive Fraud
      • Reasonably Equivalent Value
      • Insolvency: Balance Sheet Test and Equity Test
      • Incurring Debts That Will Not be Paid
  • Rights of the Transferee
• State Insolvency Proceedings: Compositions And Extensions (Workouts), Assignment For The Benefit Of Creditors (ABC)
• Taxation of Canceled Debt, Including Foreclosures and Short Sales