Credits: 1 Ethics, 5.75 General
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.
– 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
Ambridge Event Center
1333 NE Martin Luther King Jr. Blvd.
Portland, Oregon 97232
|Judgments Brochure (0.42 MB)||Download|
|Judgments and Collecting Judgments Entire Electronic Book (1.28 MB)||211 Pages||Available after Purchase|
|Book Cover, Bios, Schedule, & TOC (0.08 MB)||11 Pages||Available after Purchase|
|Ch-01 Orders, Forms of Judgments, and Liens--Preparation, Service, and Getting it Entered (0.31 MB)||29 Pages||Available after Purchase|
|Ch-02 Ethics and Professionalism - Being Judgy and Dealing with Judgments (0.53 MB)||9 Pages||Available after Purchase|
|Ch-03 Locating Assets - You Have a Judgment But Can You Collect (0.29 MB)||47 Pages||Available after Purchase|
|Ch-04 Garnishment and Executions (0.02 MB)||10 Pages||Available after Purchase|
|Ch-05 Post-Judgment Contempt (0.07 MB)||33 Pages||Available after Purchase|
|Ch-06 Foreclosure Judgments and Sheriff Executions (0.19 MB)||25 Pages||Available after Purchase|
|Ch-07 Judgment Appeals (0.06 MB)||22 Pages||Available after Purchase|
|Ch-08 Judgments for Attorney Fees - There Have Been Some Changes (0.03 MB)||9 Pages||Available after Purchase|
|Book MCLE Record Keeping Form||1 Pages||Download|
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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