Enforcing a Judgment Case Study

Rather than advertising, Shamrock obtains its customers through telephone solicitations. These solicitations ask the attention customer to sign up for either weekly or bi weekly laundry service. Once a customer signs up, the salesperson keeps a log of all the customers they are responsible for and makes periodic telephone calls to assure that their customers are satisfied with the service. Shamrock has been in business for more than ten [ears, and many of its customers have been with them this entire time.

Doris McFarland was an employee of Shamrock for five years.

For the past two years, she was Shamrock’s number one salesperson. Several months ago, Ms. McFarland left Shamrock’s employment and started her own company called McFarland Laundry Service. Shamrock has found out that prior to her departure Ms. McFarland took with her the names and addresses of all the customers she had previously solicited on behalf of Shamrock.

Shamrock has also found out that approximately 70% of these customers have canceled their accounts with Shamrock.

Shamrock believes that these customers have now signed on as customers of Ms. McFarland. Following are the steps that I would take to enforce the Judgment against Doris McFarland: 1. I would prepare a demand letter for signature by the Attorney and send it to McFarland.

2. I would prepare an abstract of Judgment to place a lien against any lea property owned by McFarland. Research would be necessary to identify all real property owned by McFarland. 3.

A notice of Judgment lien could also be prepared that would create a lien against any personal property owned by McFarland.

4. I Mould prepare an application for a write of execution order to be issued by the Court. Irish document allows us to levy the assets of McFarland and her business. (Due to the prohibitive costs of a till tap or installing a keeper, I would begin with identifying McFarland bank assets and begin with placing a bank levy against the funds in her accounts. )