Robb v. Kaufman

This case requires us to determine the effect of a writ of execution on the debtor’s interest in pending litigation. We hold that execution on the lawsuit survives settlement of the suit and gives priority over later assignment of settlement proceeds. We therefore reverse the trial court’s refusal to permit garnishment of the settlement proceeds.

On September 9, 1993, Michael Robb obtained a judgment for $25,972 against Lowell Kaufman. On February 9, 1994, Robb procured a writ of execution against Kaufman’s personal property. At the time, Kaufman was involved in a superior court lawsuit…