Professor John Lenich was quoted in the Omaha World Herald about the difficulty of collecting on a $6.5 million judgment arising out of a case against the former Douglas County CSI chief for planting evidence. Here is an excerpt:
Typically, the first step in enforcing such a judgment is an examination to determine the debtor’s finances, including any wages eligible for garnisheeing, said John Lenich, a law professor at the University of Nebraska-Lincoln.
The rules differ by state, but usually some earnings are protected to ensure that the debtor has enough money to live on, Lenich said. Assuming Kofoed has no assets to seize, it’s unlikely Sampson and Livers would get any money from him.
“Sometimes what you end up with is a very impressive piece of paper saying you’re owed a very impressive amount of money,” Lenich said.
As long as the judgment is periodically renewed, though, Sampson and Livers could lay claim to Kofoed’s future earnings.
“There’s always the chance he could hit the lottery,” Lenich said.
For the full article, click here:
http://www.omaha.com/article/20140401/NEWS/140409888