Civil Litigation

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Once a judgment is obtained (through either a default judgment, court order, or jury verdict), then what? The prevailing party must enforce the judgment. In this case, you are a paralegal working for Mr. Dewey Cheatham, Esq., a partner at Cheatham & Fare, One First St, Greenacre, in your home state.

The firm has a client, Silence DoGood, who has filed a complaint for negligence stemming from an auto accident, against Nick Slick. The complaint was filed around September 1, 2015. In the complaint, Ms. DoGood requested $50,000 in damages for emotional distress, anxiety, and compensation, after Nick Slick negligently damaged a box of letters Ms. DoGood had been keeping. He was supposed to restore the letters, which were family heirlooms, but ended up burning the letters beyond repair.

The case has been pending in Greenacre district court. The Greenacre court issued a summons on September 3, 2015, by certified mail. It was returned having been claimed on October 1, 2015. No answer or other document has been filed by Nick Slick.

Mr. Cheatham filed a Motion for Default Judgment, which was granted by the court. After a damages hearing occurred, the court issued judgment in favor of Ms. DoGood in the amount of $35,673. Mr. Cheatham has asked you to prepare a motion for garnishment, along with any other documents needed to obtain the funds from Mr. Slick’s bank account with Greenacre Mutual Bank. He has provided you with a sample motion and affidavit he used in another case.

You are also filling in for another paralegal at a partner firm, Suzie Que, Que and Cue, LLC, 500 Fifty Street, Bluewater, MN 12345. Ms. Que represents Rudolph Enterprises, 1234 Kelly Ave, Carlsbad, CA 92010. Billy Blue ordered merchandise from Rudolph Enterprises. The merchandise was delivered, but he has not paid his bill. Rudolph has attempted to obtain payment for the merchandise numerous times, but all phone calls have gone unanswered. The total amount due was $4,077.61 plus interest.

A court order has been issued from a default judgment, ordering Billy Blue to pay the full amount owed to Rudolph. Neither Ms. Que nor Rudolph are aware of any bank accounts or other property which could be used to satisfy the judgment. They are aware that his address is 123 Blue St, Bluewater, IL 60545. Therefore, Ms. Que has decided to send a letter notifying Mr. Blue of the judgment and his debt to Rudolph and has asked you to draft the letter. She has provided you with a sample letter sent in a previous case but thinks it needs some reworking.

She has asked you to prepare a letter to the judgment debtor, as well as a letter to follow up in the event Mr. Blue does not respond to an initial inquiry. Use the laws for the state of Illinois to rework the letter provided by Ms. Que in preparing your letters to Mr. Blue.

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