Thursday, November 29, 2012

Webb v. Erickson case brief

Webb v. Erickson 
134 Ariz. 182, 655 P.2d 6 (1982)
  • Judgment creditor is superior because secured creditor did not perfect before truck was levied upon.
Garnishing creditor’s temporal net:
  • The time between service of the garnishment writ and the garnishee’s answer, during which the creditor can hope to catch obligations arising in favor of the creditor.
  • The garnishment of a bank account will catch not only the amount on deposit on the service date but also funds deposited thereafter prior to the answer.
  • If a garnishment is contested and a trial is to be held, the creditor’s net may even extend to the time of the garnishment trial.
  • Service: the official delivery of legal documents ("service of process") such as a summons, subpoena, complaint, order to show cause (order to appear to show reasons why a judge should not make a particular order), writ (court order), or notice to quit the premises, as well as delivery by mail or in person of documents to opposing attorneys or parties, such as answers, motions, points and authorities, demands and responses.
What is the garnishment different from the execution?
  • Writ of Garnishment is different from Writ of Execution in that the Execution is directed at the debtor; the Garnishment is directed at the debtor of the debtor. He is the creditor’s friend.
  • Same: legally enforceable document
Restriction on wage garnishment
  • Generally the federal restricts the garnishment of wages.
Garnish the contractual rights
  • The property in bankruptcy includes the valuable contractual rights
  • Some contractual rights can be garnished; some not.
  • Network solutions v. UMBRO International, 2000, p.69
Holding: A contractual right to use the internet domain name is not garnishable because of the privity of the contract. A K for services is not a liability and hence is not subject to a garnishment.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

Landmark Personal Injury Lawsuits and Their Lasting Impact

According to a Forbes article, personal injury lawsuits are civil actions brought by an injured person against the party responsible for the...