This
measure is similar to Measure 3.5.1. In addition to collecting data from
case files, it involves collecting interview data.
Planning/Preparation.
Samples will be taken from new cases added to the court judgment dockets for
a period of at least 6 months prior to the sample date and not more than 12
months after the sample date. (Terminology among courts for "judgment
docket" may vary; the source to use is that maintained by law to
identify judgment debtors and creditors.) The sample should include all
cases with money judgments that were payable before the date of the sample.
At least 150 cases should be included. Further work on this measure is
needed to consider whether it is appropriate to distinguish certain types of
civil money judgments from others. If so, the sample should be taken in a
way that ensures sufficient numbers of each type.
Data
Collection. The
basic data to be collected include the following: judgment amounts, judgment
satisfaction, evidence of enforcement actions, type of enforcement action,
and type of legal representation. A data collection form, which includes
these data elements, should be created.
When
the judgment docket shows no evidence of a satisfaction filed, interviews
will be required of the judgment creditor or the creditor’s attorney. The
purpose of the interviews is to verify whether the judgment is satisfied; if
not, what action was taken; if none, why not.
If
the judgment docket does not contain the information necessary to locate the
creditor or creditor’s attorney, that information should be obtained from
the case record cross-referenced by the judgment docket. Because the sampled
cases will be very recent, address and telephone information should be
current for most cases.
Data
Analysis and Report Preparation.
Data analysis should be undertaken to determine (1) the number of judgments
for which a record of satisfaction is recorded, (2) the number of judgments
for which an interview was required to determine the judgment status and
what the status was, and (3) the total number of satisfied and unsatisfied
judgments. These figures can then be broken down into subcategories
depending on whether the parties had legal representation. It may or may not
be possible to use statistical methods to summarize results of two other
variables: the number and type of enforcement actions taken and the reasons
for not taking enforcement action in cases where judgments were not
satisfied. If these variables cannot be analyzed statistically, they should
be analyzed qualitatively.
Statistical
summaries will provide information to the court on what happens to the civil
judgments it enters. Qualitative information will provide some insight into
reasons why judgment enforcement action is not taken.