From Judgment to Recovery. Strategic Enforcement that Delivers Results.
At Neubert, Pepe & Monteith, P.C., we represent creditors in all aspects of post-judgment recovery, leveraging Connecticut law to identify, locate, and pursue debtor assets with precision and efficiency. We provide strategic, results-driven representation to lenders and other judgment creditors seeking to convert judgments, whether obtained in Connecticut or domesticated from other jurisdictions, into actual recoveries. From asset investigation to final satisfaction, our approach is disciplined, cost-conscious, and focused on maximizing return.
Our Judgment Enforcement Services Include:
Domesticating Foreign Judgments
Conn. Gen. Stat. § 52-605 (UEFJA)
When a creditor obtains a judgment in another state, it must be formally recognized in Connecticut before any enforcement action can proceed. We assist creditors in domesticating foreign judgments under the Uniform Enforcement of Foreign Judgments Act (UEFJA), ensuring that out-of-state judgments are properly registered and fully enforceable in Connecticut. Our team prepares and files the required documentation, enabling timely and effective collection within the state.
Example: Our firm represented a New York-based lender that had obtained a judgment against a borrower who had relocated to Connecticut. We prepared and filed the necessary domestication documents in Connecticut Superior Court under the UEFJA, enabling immediate recognition and enforcement of the judgment. This allowed the client to promptly pursue collection remedies against the borrower’s Connecticut-based assets.
Bank Garnishments (Bank Executions)
Bank garnishment is a post-judgment remedy that allows creditors to seize funds directly from a debtor’s bank accounts. We pursue bank garnishments by serving executions on financial institutions where the debtor holds accounts. When funds are identified, they are promptly seized and applied to satisfy the outstanding judgment.
Example: We obtained and served a bank execution, resulting in the successful seizure of $59,000 from the debtor’s checking account and direct application of the funds to the outstanding judgment balance.
Wage Garnishments (Wage Executions)
Wage garnishment is a court-authorized remedy that allows creditors to collect directly from a debtor’s paycheck over time. For individual debtors with employment income, we obtain court-approved wage executions directing employers to withhold a portion of wages and remit payments toward satisfaction of the judgment.
Example: A $50,000 judgment was entered against an independent contractor. We obtained a wage execution order requiring the debtor’s employer to withhold a percentage of their weekly earnings until the judgment was satisfied in full.
Property Executions
Property execution is a post-judgment remedy that allows creditors to seize and liquidate a debtor’s non-exempt personal property. We coordinate with state marshals to seize and sell assets such as vehicles, business equipment, inventory, or other valuable items in satisfaction of the judgment.
Example: A debtor operating a restaurant owned commercial kitchen equipment. We obtained a property execution, resulting in the seizure and auction of the equipment, with proceeds applied toward satisfaction of the judgment.
Real Property Liens
Recording a judgment lien against a debtor’s real estate is a strategic enforcement tool that converts an unsecured judgment into a secured interest. We record judgment liens on properties owned by the debtor in Connecticut, establishing priority and preserving the creditor’s ability to recover through foreclosure, sale, or refinancing.
Example: Our firm represented a creditor that recorded a judgment lien against a debtor’s rental property in Connecticut. Five years later, when the debtor refinanced the property, the lien was satisfied in full from the closing proceeds, securing a complete recovery for our client.
Discovery in Aid of Execution
Post-judgment discovery is a critical enforcement tool used to identify and locate assets available to satisfy a judgment. We conduct thorough asset investigations by issuing subpoenas to financial institutions, vendors, employers, and other third parties, and by examining debtors under oath to uncover hidden or undisclosed income, assets, and liabilities.
Examples: After repeated nonpayment, we subpoenaed the debtor for an in-court financial examination. During the proceeding, the debtor disclosed a previously undisclosed brokerage account, which we subsequently executed upon to recover funds toward the judgment.
The debtor claimed insolvency, but a subpoena to a third-party vendor revealed ongoing payments to the debtor’s business. We promptly initiated garnishment proceedings to intercept those funds and apply them toward the outstanding judgment.
Turnover Orders and Contempt Motions
Turnover and contempt actions are powerful enforcement tools used to compel compliance when debtors refuse to cooperate. We pursue court-ordered turnover of non-exempt assets and initiate contempt proceedings when debtors ignore disclosure obligations or fail to comply with enforcement orders.
Example: Our firm represented a creditor in enforcing a judgment against a debtor who refused to surrender a certified check held in a safe deposit box. We obtained a court-issued turnover order and, when the debtor failed to comply, initiated contempt proceedings, ultimately compelling the transfer of the asset to satisfy the judgment.
Receivership Actions
Receivership is a powerful post-judgment remedy that places control of a debtor’s assets in the hands of a neutral court-appointed fiduciary. In complex cases involving income-producing or mismanaged commercial assets, we petition the court to appoint a receiver to take control of operations, collect rents, preserve asset value, and, when appropriate, liquidate assets to satisfy the judgment.
Example: Our firm represented a creditor holding a judgment against a commercial property owner with ongoing rental income. We successfully petitioned the court to appoint a receiver, who collected rents, managed the property, and distributed surplus proceeds toward satisfaction of the judgment.
A Practical, Results-Driven Approach
Our mission is not simply to obtain a judgment; it is to deliver recovery. From initial asset investigation to final payment, we act with urgency, legal precision, and commercial discipline to secure and enforce our clients’ rights. We provide realistic assessments of collectability, monitor compliance with court orders, and pursue all available remedies to convert court judgments into meaningful, tangible recoveries in an efficient and cost-effective manner.