Collection and Judgment Enforcement

Kessler Law undertakes a strategic approach to the collection of business debts and rental obligations. We represent commercial landlords, lenders, purchasers of distressed debt and national and regional providers of goods and services in obtaining judgments for sums owed in real estate and business transactions, and we enforce those judgments, including judgments obtained by other counsel.

Before proceeding, we evaluate the documents supporting the claim, the amount owed and the prospects for recovery.

Collection

We pursue claims for unpaid rent and additional rent under commercial leases, including claims against guarantors and claims for rent and damages accruing after a tenant has vacated, as well as claims on promissory notes, guaranties, contracts and invoices for goods and services delivered.

Judgment Enforcement

Obtaining the judgment is only the first step. Our understanding of business and real estate law allows us to identify and reach assets that debtors have concealed or transferred. We represent clients at every stage of judgment enforcement, including post-judgment discovery and the domestication of out-of-state judgments in New Jersey and Florida, and we work closely with the county Sheriffs to execute on judgments.

• Asset discovery. Information subpoenas, depositions and subpoenas to banks and other third parties to identify accounts, receivables, business interests, real estate and transfers of assets.
• Levies and turnover orders. Levies on bank accounts and on monies due to the debtor from third parties, followed by court orders directing the turnover of those funds.
• Execution sales. Levy and Sheriff’s sale of the debtor’s interests in limited liability companies, corporations and partnerships and of real estate where a judgment cannot be satisfied from personal property.
• Enforcement of court orders. Motions to enforce litigant’s rights, including contempt orders and arrest warrants against debtors who disregard court orders.
• Fraudulent transfers. Actions to set aside transfers made to defeat collection.