17 Mar How to Enforce a Judgment for Something Other Than Money Under Rule 70 – Podcast

In our last several blogs we have focused on how to perfect and enforce a money judgment, including the use of a Rule 69 exam to find the judgment debtor’s assets.  But what if your judgment against the judgment debtor is for something other than the payment of a lump sum or periodic amounts?  For example, what if the court has issued an order and judgment requiring the judgment debtor to convey to you a particular property, or to perform a specific act?  Many of the remedies relating to execution and garnishment are not relevant to a non-money judgment. Rule 70 of the Civil Rules of Procedure governs how you would seek to enforce that type of judgment.

Rule 70 Governs Judgments for Specific Acts

Although many of the remedies available to money-judgment creditors do not apply to a non-money judgment, there are other options available for collection.  Rule 70 provides powerful remedies of attachment and execution.  With respect to real or personal property within the district, the court can issue remedial orders and direct the clerk to issue a writ of attachment against the property of the judgment debtor to compel obedience to the judgment.  Or, the court can find the judgment debtor in contempt and enter a judgment that divests the title from the judgment debtor (or any party holding the judgment debtor’s assets), and vests the property in you, as the judgment creditor.  This judgment has the effect of a conveyance, executed in “due form of law.”

This represents two ways of circumventing the problem of a party who refuses to execute a necessary deed, or other title document.

How is Rule 70 Applied to Effectuate the Conveyance?

Rule 70 provides for two types of remedies to effectuate conveyances under a non-monetary judgment.

Remedial Orders and Writ of Attachment

As the judgment creditor, you can begin the enforcement process by filing a “Motion for Order of Appointment” with the Court and a proposed order for the requested relief.  Your motion should (a) describe underlying litigation; (b) include the date on which your original judgment against the judgment debtor was entered; (c) describe specific acts the judgment directed the judgment debtor to complete and the specified period of time; and (d) attach a copy of the judgment.  Your motion should then state that the judgment debtor has not completed the specific acts within the specified period of time, and request the court to direct the act to be done at the cost of the judgment debtor, by some other person appointed by the court.  If you have a particular person in mind to perform the necessary actions, you should name that person in the motion.

If the court grants the motion, it will issue a “remedial” judgment, and direct the clerk to issue a writ of attachment against the property of the judgment debtor to compel obedience to the judgment.

Contempt Remedy and Writ of Execution

The court may also, in certain cases, find the judgment debtor in contempt.  If real or personal property is within the district, the court, in lieu of directing a conveyance of the property at issue,  may enter a judgment divesting the title of “any party” in which the property is vested, and order that the property be vested in you as the judgment creditor.  This Rule 70 judgment is powerful and has the effect of a legal conveyance of the property.  When the court enters an order or judgment for the delivery of possession in your favor, you will be entitled to a writ of execution or assistance, upon application to the clerk.

In certain types of cases, such as domestic relation cases, the parties may agree, via a separation agreement, to appoint the clerk of the court, or some other third party, to execute any necessary deeds or other documents, in the event that one of the parties fails to do so.  Such an agreement provides additional protection, as it gives the parties additional grounds to seek Rule 70 relief for contempt.

If you need assistance enforcing a non-monetary judgment, call Edwards Law today for a complimentary 30-minute consultation.