Enforcing a Judgment: Shamrock Enterprises vs McFarland—A Case Study
- Enforcement of Judgment
Assume that you are asked to enforce the judgment by Shamrock Enterprises of $25,000 against Doris McFarland. (See facts below)
Identify, in order of preference, all steps that you would take to enforce the judgment against Doris McFarland. Discuss the basis for your preference of the steps listed.
________________________________________
SHAMROCK ENTERPRISES V. MCFARLAND
Shamrock Enterprises runs a home delivery laundry service throughout Lincoln County. It is the only such service in the area. Rather than advertising, Shamrock obtains its customers through telephone solicitations. These solicitations ask the potential 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 years, 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's 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 real property owned by McFarland.
Assume that you are asked to enforce the judgment by Shamrock Enterprises of $25,000 against Doris McFarland. (See facts below)
Identify, in order of preference, all steps that you would take to enforce the judgment against Doris McFarland. Discuss the basis for your preference of the steps listed.
________________________________________
SHAMROCK ENTERPRISES V. MCFARLAND
Shamrock Enterprises runs a home delivery laundry service throughout Lincoln County. It is the only such service in the area. Rather than advertising, Shamrock obtains its customers through telephone solicitations. These solicitations ask the potential 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 years, 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's 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 real property owned by McFarland.