America's BYO Approach to Enforcing Money Judgments

Abstract

The role undertaken by the court in enforcing money judgments varies in different countries. It appears that in Germany and Austria court officials shoulder considerable responsibility in identifying and locating assets of a judgment debtor so that the judgment creditor can initiate execution against those assets to satisfy the judgment. In the US, those who obtain money judgments do not receive such help from bailiffs or other court personnel. But they can use broad American discovery, including discovery from third parties, to locate the assets for themselves, gaining direct access to the information about assets and location. This paper labels the American approach a BYO approach, invoking a term used by American university students to signal in party invitations that people must bring their own liquor if they want to drink at the party. Similarly, American judgment creditors must take the initiative to locate assets subject to execution. To do that, they not only can use official discovery but also various self-help measures. Ultimately, however, US procedure does not regard the enforcement of a money judgment (as opposed to an injunction) as the court's responsibility.