Judgments and Collecting Judgments
On Demand

Judgments and Collecting Judgments


Credits: 1 Ethics, 5.75 General

Average Rating:
  4.3   (0 comments)
Category:
Business Law |  Practical Skills |  Transactional Practice
Faculty :
David J. Elkanich  |  Hafez Daraee  |  John D. Parsons  |  Matthew J. Kalmanson  |  Miles D. Monson  |  Nadia Dahab  |  Richard A. Slottee  |  Russell D. Garrett  |  Steven C. Berman
Duration:
8 Hours 05 Minutes
Format:
Audio and Video
Original Program Date :
May 06, 2016
License:
Access for 60 day(s) after purchase.


Description

Seminar Location Ambridge Event Center, Portland, Oregon

Judgments and Collecting Judgments
May 6, 2016
5.75 General and 1 Ethics MCLE Credits will be requested.

This seminar will cover the essential elements and procedural steps for obtaining a judgment and keeping the judgment alive. Among other topics, it will address how to draft and enter a judgment, what the court considers in determining attorney fees, locating assets, post-judgment contempt, what forms are required for garnishment and execution, foreclosure judgments, and key ethical considerations.  

Schedule

8:25            Welcome
– Richard A. Slottee

8:30–9:15        Orders, Forms of Judgments, and Liens –– Preparation, Service, and Getting it Entered
•    The correct format and language to ensure it is signed
•    E-filing – potential pitfalls and issues
•    Time considerations
– Russell D. Garrett

9:15–10:00        Judgments for Attorney Fees –– There Have Been Some Changes
•    Relaxation of 14 day rule
•    What about prospective attorney fees?
•    ORCP 54(e) – it could affect your claim for attorney fees
•    Attorney fee petitions – discretionary and mandatory factors
– Mark A. Peterson

10:00–10:15        Networking Break

10:15–11:00        Locating Assets –– You Have a Judgment But Can You Collect?
•    Judgment liens – to what do they apply
•    Registering the judgment in other counties and states
•    How do you execute on a federal court judgment
•    Foreign judgments – how to collect in Oregon
•    Judgment debtor exams – effective techniques
– John D. Parsons

11:00–11:45        Garnishment and Executions
•    Do you really know how to do it?
•    Exemptions available to judgment debtors and how to assert
– Hafez Daraee

11:45–1:00        Lunch (on your own)

1:00–1:45        Post-Judgment Contempt
•    How do you set up a judgment debtor appearance and what happens if the debtor fails to attend or does not otherwise meaningfully participate?
•    How many chances do you need to give the debtor and how and when can you obtain an arrest warrant?
•    Is the procedure the same for written interrogatories and does it vary from county to county?
•    Tips for getting the debtor to cooperate without using the contempt process
•    Attorney fees for post-judgment work
–Miles D. Monson

1:45–2:30        Foreclosure Judgments and Sheriff Executions
•    Rights of tenants during foreclosure
•    Effect of judgment lien on security interests
•    How to assert redemption rights
•    The process, how long does it take, and what are the costs
– David W. Venables

2:30–2:45        Networking Break

2:45–3:30        Judgment Appeals
•    Supplemental, Limited and General Judgments – What is appealable and when
•    The appellate bond – can the judgment debtor halt collection efforts?
•    Risk of collection with a pending appeal
 – Steven C. Berman
 – Nadia H. Dahab

3:30–4:30        Ethics and Professionalism
•    ORCP 69 – Who has to have the intent to file a response
•    When do you stop becoming the attorney of record for post judgment issues
•    In multiple party cases, do you need to serve pleading copies on those in default
•    Service defects – substituted service rules and how they affect judgment validity
•    Default and void judgments – what is the difference
 – David J. Elkanich

4:30 p.m.        Adjourn

 

Location
Ambridge Event Center
1333 NE Martin Luther King Jr. Blvd.
Portland, Oregon 97232

Handouts

Faculty




David J. Elkanich Related seminars and products: 5

Attorney

Holland & Knight LLP


David J. Elkanich, Partner, Holland & Knight LLP, Portland; Adjunct Professor, Lewis & Clark Law School; B.A., magna cum laude, University of Arizona (1996); J.D., University of Oregon School of Law (1999); member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; admitted to practice in the U.S. District Courts, District of Oregon, Western District of Washington, District of Idaho, and the Court of Appeals for the Ninth Circuit; advises lawyers and law firms in a wide range of professional responsibility matters, including ethics advice, bar discipline defense, and litigation assistance with sanctions issues, withdrawal and disqualification motions; regularly counsels lawyers and other professionals how to navigate an “electronic” practice, including the rules of engaging in online activity, mining metadata, and in utilizing social media; past chair and current member, Oregon Legal Ethics Committee; Chair, RPC 8.4 (Anti-Bias) Drafting Committee; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member OSB Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member, ABA Center for Professional Responsibilities.







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Total Reviews: 18

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