Court Auctions : Effective Processes and Enforcement Agents

This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identifica...

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Main Author: Gramckow, Heike
Format: Working Paper
Language:English
en_US
Published: World Bank, Washington, DC 2014
Subjects:
BID
EU
TAX
Online Access:http://documents.worldbank.org/curated/en/2012/01/15826440/court-auctions-effective-processes-enforcement-agents
http://hdl.handle.net/10986/18405
id okr-10986-18405
recordtype oai_dc
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic ACCESS TO CREDIT
ACCESS TO INFORMATION
ACCESS TO JUSTICE
ALTERNATIVE DISPUTE RESOLUTION
ASSET DISPOSITION
ASSETS
AUCTION PRICE
AUCTION PROCEDURES
BAILIFF
BAILIFFS
BALANCE DUE
BANK ACCOUNTS
BID
BIDS
BUSINESS CASE
BUSINESS INSOLVENCY
BUSINESS PRACTICE
CASE BACKLOGS
CASE OF DEFAULT
CASE OF NONPAYMENT
CLAIM
CLAIMANT
CLAIMANTS
CLIENT COUNTRIES
COLLATERAL
COLLATERAL IN SATISFACTION
COLLUSIVE BIDDING
COMMERCIAL DEBTS
COMMERCIAL DISPUTES
COMPENSATION
COMPETITIVE MARKET
CONSUMER PROTECTION
CONSUMER PROTECTION LAWS
CONSUMER PROTECTION LEGISLATION
COPYRIGHT CLEARANCE
COPYRIGHT CLEARANCE CENTER
CORRUPTION
COUNSEL
COURT
COURT DECISION
COURT DECISIONS
COURT INTERVENTION
COURT JUDGMENT
COURT JUDGMENTS
COURT ORDER
COURT ORDERS
COURT PROCESSES
COURT RULES
COURT SUPERVISION
COURT SYSTEMS
COURTS
CREDIBILITY
CREDIT SYSTEM
CREDITOR
CREDITOR RIGHTS
CREDITORS
CRIMINAL
CRIMINAL JUSTICE
CRIMINAL PUNISHMENT
CRIMINAL PUNISHMENTS
DAMAGES
DEBT
DEBT COLLECTION
DEBT COLLECTION PROCESSES
DEBTOR
DEBTOR'S PROPERTIES
DEBTOR'S PROPERTY
DEBTORS
DEPENDENT
DEPOSIT
DEVALUATION
DEVELOPING COUNTRIES
DISCOVERY
DISCRETIONARY POWER
DISCRETIONARY POWERS
ECONOMIC BENEFITS
ECONOMIC DEVELOPMENT
ECONOMIC LOSS
EMPOWERMENT
ENFORCEMENT MECHANISMS
ENFORCEMENT METHOD
ENFORCEMENT OF JUDGMENTS
ENFORCEMENT PROCEDURE
ENFORCEMENT PROCESS
ENFORCEMENT PROCESSES
ENFORCEMENT SYSTEM
ENFORCEMENT SYSTEMS
ENFORCEMENTS
EQUALITY
EQUIPMENT
ESTATE
EU
EXECUTIONS
FAIR MARKET VALUE
FAIR PRICE
FINANCIAL SITUATION
FORECLOSURE
FORECLOSURE SALES
HARMONIZATION
HOUSES
HUMAN RIGHTS
IMMOVABLE PROPERTY
IMPRISONMENT
INCOME
INSOLVENCY
INSOLVENCY LAWS
INSOLVENCY REFORMS
INSOLVENCY SYSTEMS
INSTITUTIONAL REFORM
INSURANCE
INSURANCE INDUSTRY
INTEREST OF CREDITORS
INTERESTED PARTIES
INTERNATIONAL BANK
INTERNATIONAL DEVELOPMENT
INVESTMENT OPTIONS
JUDGE
JUDGES
JUDGMENT
JUDGMENT CREDITOR
JUDGMENT DEBT
JUDGMENT DEBTOR
JUDICIAL AUCTIONS
JUDICIAL DECISION
JUDICIAL DECISIONS
JUDICIAL SALES
JUDICIAL SYSTEM
JUDICIARY
JURISDICTION
JURISDICTIONS
JUSTICE SYSTEM
JUSTICE SYSTEMS
JUVENILE JUSTICE
LACK OF ASSETS
LEGAL ENFORCEMENT
LEGAL ENTITIES
LEGAL FRAMEWORK
LEGAL HISTORY
LEGAL OBLIGATION
LEGAL PROCEEDINGS
LEGAL REQUIREMENTS
LEGAL STATUS
LENDER
LIABILITY
LIENS
LOAN
MAGISTRATES
MAJOR CREDITORS
MANDATE
MARKET CONDITIONS
MARKET ENVIRONMENT
MARKET VALUE
MONOPOLY
MORTGAGES
NONJUDICIAL ENFORCEMENT
NOTARIES
NOTARY
ORIGINAL CONTRACT
PARTICULAR COUNTRY
PERFORMANCE MEASURES
PERSONAL PROPERTY
PLEDGES
POLICE
PRICE FORMATION
PRIVATE AUCTIONS
PRIVATE DEBTS
PRIVATE ENFORCEMENT
PRIVATE LAW
PRIVATE SALES
PRIVATIZATION
PROPERTY RIGHTS
PUBLIC ADMINISTRATION
PUBLIC AUCTION
PUBLIC AUCTIONS
PUBLIC DEBT
PUBLIC ENFORCEMENT
PUBLIC SALES
PUBLIC UTILITIES
REAL ESTATE
REAL PROPERTY
RECEIVER
RECOVERY RATE
REFORM PROGRAMS
REGULATORY SYSTEM
REPOSSESSION
REPUTATIONS
RETURNS
RULE OF LAW
SALARY
SALE OF ASSETS
SALE OF PROPERTY
SANCTIONS
SAVINGS
SECURITY INTEREST
SEIZURE
SEIZURE OF ASSETS
SEIZURE OF PROPERTY
STATE COURTS
TAX
TITLE
TITLES
TRACK RECORD
TRANSPARENCY
TREASURY
TREATY
VALUATION
WARRANTS
WILL
spellingShingle ACCESS TO CREDIT
ACCESS TO INFORMATION
ACCESS TO JUSTICE
ALTERNATIVE DISPUTE RESOLUTION
ASSET DISPOSITION
ASSETS
AUCTION PRICE
AUCTION PROCEDURES
BAILIFF
BAILIFFS
BALANCE DUE
BANK ACCOUNTS
BID
BIDS
BUSINESS CASE
BUSINESS INSOLVENCY
BUSINESS PRACTICE
CASE BACKLOGS
CASE OF DEFAULT
CASE OF NONPAYMENT
CLAIM
CLAIMANT
CLAIMANTS
CLIENT COUNTRIES
COLLATERAL
COLLATERAL IN SATISFACTION
COLLUSIVE BIDDING
COMMERCIAL DEBTS
COMMERCIAL DISPUTES
COMPENSATION
COMPETITIVE MARKET
CONSUMER PROTECTION
CONSUMER PROTECTION LAWS
CONSUMER PROTECTION LEGISLATION
COPYRIGHT CLEARANCE
COPYRIGHT CLEARANCE CENTER
CORRUPTION
COUNSEL
COURT
COURT DECISION
COURT DECISIONS
COURT INTERVENTION
COURT JUDGMENT
COURT JUDGMENTS
COURT ORDER
COURT ORDERS
COURT PROCESSES
COURT RULES
COURT SUPERVISION
COURT SYSTEMS
COURTS
CREDIBILITY
CREDIT SYSTEM
CREDITOR
CREDITOR RIGHTS
CREDITORS
CRIMINAL
CRIMINAL JUSTICE
CRIMINAL PUNISHMENT
CRIMINAL PUNISHMENTS
DAMAGES
DEBT
DEBT COLLECTION
DEBT COLLECTION PROCESSES
DEBTOR
DEBTOR'S PROPERTIES
DEBTOR'S PROPERTY
DEBTORS
DEPENDENT
DEPOSIT
DEVALUATION
DEVELOPING COUNTRIES
DISCOVERY
DISCRETIONARY POWER
DISCRETIONARY POWERS
ECONOMIC BENEFITS
ECONOMIC DEVELOPMENT
ECONOMIC LOSS
EMPOWERMENT
ENFORCEMENT MECHANISMS
ENFORCEMENT METHOD
ENFORCEMENT OF JUDGMENTS
ENFORCEMENT PROCEDURE
ENFORCEMENT PROCESS
ENFORCEMENT PROCESSES
ENFORCEMENT SYSTEM
ENFORCEMENT SYSTEMS
ENFORCEMENTS
EQUALITY
EQUIPMENT
ESTATE
EU
EXECUTIONS
FAIR MARKET VALUE
FAIR PRICE
FINANCIAL SITUATION
FORECLOSURE
FORECLOSURE SALES
HARMONIZATION
HOUSES
HUMAN RIGHTS
IMMOVABLE PROPERTY
IMPRISONMENT
INCOME
INSOLVENCY
INSOLVENCY LAWS
INSOLVENCY REFORMS
INSOLVENCY SYSTEMS
INSTITUTIONAL REFORM
INSURANCE
INSURANCE INDUSTRY
INTEREST OF CREDITORS
INTERESTED PARTIES
INTERNATIONAL BANK
INTERNATIONAL DEVELOPMENT
INVESTMENT OPTIONS
JUDGE
JUDGES
JUDGMENT
JUDGMENT CREDITOR
JUDGMENT DEBT
JUDGMENT DEBTOR
JUDICIAL AUCTIONS
JUDICIAL DECISION
JUDICIAL DECISIONS
JUDICIAL SALES
JUDICIAL SYSTEM
JUDICIARY
JURISDICTION
JURISDICTIONS
JUSTICE SYSTEM
JUSTICE SYSTEMS
JUVENILE JUSTICE
LACK OF ASSETS
LEGAL ENFORCEMENT
LEGAL ENTITIES
LEGAL FRAMEWORK
LEGAL HISTORY
LEGAL OBLIGATION
LEGAL PROCEEDINGS
LEGAL REQUIREMENTS
LEGAL STATUS
LENDER
LIABILITY
LIENS
LOAN
MAGISTRATES
MAJOR CREDITORS
MANDATE
MARKET CONDITIONS
MARKET ENVIRONMENT
MARKET VALUE
MONOPOLY
MORTGAGES
NONJUDICIAL ENFORCEMENT
NOTARIES
NOTARY
ORIGINAL CONTRACT
PARTICULAR COUNTRY
PERFORMANCE MEASURES
PERSONAL PROPERTY
PLEDGES
POLICE
PRICE FORMATION
PRIVATE AUCTIONS
PRIVATE DEBTS
PRIVATE ENFORCEMENT
PRIVATE LAW
PRIVATE SALES
PRIVATIZATION
PROPERTY RIGHTS
PUBLIC ADMINISTRATION
PUBLIC AUCTION
PUBLIC AUCTIONS
PUBLIC DEBT
PUBLIC ENFORCEMENT
PUBLIC SALES
PUBLIC UTILITIES
REAL ESTATE
REAL PROPERTY
RECEIVER
RECOVERY RATE
REFORM PROGRAMS
REGULATORY SYSTEM
REPOSSESSION
REPUTATIONS
RETURNS
RULE OF LAW
SALARY
SALE OF ASSETS
SALE OF PROPERTY
SANCTIONS
SAVINGS
SECURITY INTEREST
SEIZURE
SEIZURE OF ASSETS
SEIZURE OF PROPERTY
STATE COURTS
TAX
TITLE
TITLES
TRACK RECORD
TRANSPARENCY
TREASURY
TREATY
VALUATION
WARRANTS
WILL
Gramckow, Heike
Court Auctions : Effective Processes and Enforcement Agents
relation Justice and development working paper series;no. 18
description This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of assets that may be used to satisfy a judgment debt and the processes for court-supervised asset seizure and sale by public auction. The efficiencies of public court auction processes are considered, including the elements of enforcement systems that can produce sub-optimal returns on sold assets and higher incentives for corrupt practices. Also considered is the trend in some systems for greater use of private agents as a means by which the cost of court enforcement processes can be reduced and for overcoming sometimes lengthy delays in enforcement. The paper concludes by identifying alternatives to public auction that in some cases can offer better prospects of assuring full payment of a judgment debt.
format Publications & Research :: Working Paper
author Gramckow, Heike
author_facet Gramckow, Heike
author_sort Gramckow, Heike
title Court Auctions : Effective Processes and Enforcement Agents
title_short Court Auctions : Effective Processes and Enforcement Agents
title_full Court Auctions : Effective Processes and Enforcement Agents
title_fullStr Court Auctions : Effective Processes and Enforcement Agents
title_full_unstemmed Court Auctions : Effective Processes and Enforcement Agents
title_sort court auctions : effective processes and enforcement agents
publisher World Bank, Washington, DC
publishDate 2014
url http://documents.worldbank.org/curated/en/2012/01/15826440/court-auctions-effective-processes-enforcement-agents
http://hdl.handle.net/10986/18405
_version_ 1764435890292129792
spelling okr-10986-184052021-04-23T14:03:35Z Court Auctions : Effective Processes and Enforcement Agents Gramckow, Heike ACCESS TO CREDIT ACCESS TO INFORMATION ACCESS TO JUSTICE ALTERNATIVE DISPUTE RESOLUTION ASSET DISPOSITION ASSETS AUCTION PRICE AUCTION PROCEDURES BAILIFF BAILIFFS BALANCE DUE BANK ACCOUNTS BID BIDS BUSINESS CASE BUSINESS INSOLVENCY BUSINESS PRACTICE CASE BACKLOGS CASE OF DEFAULT CASE OF NONPAYMENT CLAIM CLAIMANT CLAIMANTS CLIENT COUNTRIES COLLATERAL COLLATERAL IN SATISFACTION COLLUSIVE BIDDING COMMERCIAL DEBTS COMMERCIAL DISPUTES COMPENSATION COMPETITIVE MARKET CONSUMER PROTECTION CONSUMER PROTECTION LAWS CONSUMER PROTECTION LEGISLATION COPYRIGHT CLEARANCE COPYRIGHT CLEARANCE CENTER CORRUPTION COUNSEL COURT COURT DECISION COURT DECISIONS COURT INTERVENTION COURT JUDGMENT COURT JUDGMENTS COURT ORDER COURT ORDERS COURT PROCESSES COURT RULES COURT SUPERVISION COURT SYSTEMS COURTS CREDIBILITY CREDIT SYSTEM CREDITOR CREDITOR RIGHTS CREDITORS CRIMINAL CRIMINAL JUSTICE CRIMINAL PUNISHMENT CRIMINAL PUNISHMENTS DAMAGES DEBT DEBT COLLECTION DEBT COLLECTION PROCESSES DEBTOR DEBTOR'S PROPERTIES DEBTOR'S PROPERTY DEBTORS DEPENDENT DEPOSIT DEVALUATION DEVELOPING COUNTRIES DISCOVERY DISCRETIONARY POWER DISCRETIONARY POWERS ECONOMIC BENEFITS ECONOMIC DEVELOPMENT ECONOMIC LOSS EMPOWERMENT ENFORCEMENT MECHANISMS ENFORCEMENT METHOD ENFORCEMENT OF JUDGMENTS ENFORCEMENT PROCEDURE ENFORCEMENT PROCESS ENFORCEMENT PROCESSES ENFORCEMENT SYSTEM ENFORCEMENT SYSTEMS ENFORCEMENTS EQUALITY EQUIPMENT ESTATE EU EXECUTIONS FAIR MARKET VALUE FAIR PRICE FINANCIAL SITUATION FORECLOSURE FORECLOSURE SALES HARMONIZATION HOUSES HUMAN RIGHTS IMMOVABLE PROPERTY IMPRISONMENT INCOME INSOLVENCY INSOLVENCY LAWS INSOLVENCY REFORMS INSOLVENCY SYSTEMS INSTITUTIONAL REFORM INSURANCE INSURANCE INDUSTRY INTEREST OF CREDITORS INTERESTED PARTIES INTERNATIONAL BANK INTERNATIONAL DEVELOPMENT INVESTMENT OPTIONS JUDGE JUDGES JUDGMENT JUDGMENT CREDITOR JUDGMENT DEBT JUDGMENT DEBTOR JUDICIAL AUCTIONS JUDICIAL DECISION JUDICIAL DECISIONS JUDICIAL SALES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JUSTICE SYSTEM JUSTICE SYSTEMS JUVENILE JUSTICE LACK OF ASSETS LEGAL ENFORCEMENT LEGAL ENTITIES LEGAL FRAMEWORK LEGAL HISTORY LEGAL OBLIGATION LEGAL PROCEEDINGS LEGAL REQUIREMENTS LEGAL STATUS LENDER LIABILITY LIENS LOAN MAGISTRATES MAJOR CREDITORS MANDATE MARKET CONDITIONS MARKET ENVIRONMENT MARKET VALUE MONOPOLY MORTGAGES NONJUDICIAL ENFORCEMENT NOTARIES NOTARY ORIGINAL CONTRACT PARTICULAR COUNTRY PERFORMANCE MEASURES PERSONAL PROPERTY PLEDGES POLICE PRICE FORMATION PRIVATE AUCTIONS PRIVATE DEBTS PRIVATE ENFORCEMENT PRIVATE LAW PRIVATE SALES PRIVATIZATION PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC AUCTION PUBLIC AUCTIONS PUBLIC DEBT PUBLIC ENFORCEMENT PUBLIC SALES PUBLIC UTILITIES REAL ESTATE REAL PROPERTY RECEIVER RECOVERY RATE REFORM PROGRAMS REGULATORY SYSTEM REPOSSESSION REPUTATIONS RETURNS RULE OF LAW SALARY SALE OF ASSETS SALE OF PROPERTY SANCTIONS SAVINGS SECURITY INTEREST SEIZURE SEIZURE OF ASSETS SEIZURE OF PROPERTY STATE COURTS TAX TITLE TITLES TRACK RECORD TRANSPARENCY TREASURY TREATY VALUATION WARRANTS WILL This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of assets that may be used to satisfy a judgment debt and the processes for court-supervised asset seizure and sale by public auction. The efficiencies of public court auction processes are considered, including the elements of enforcement systems that can produce sub-optimal returns on sold assets and higher incentives for corrupt practices. Also considered is the trend in some systems for greater use of private agents as a means by which the cost of court enforcement processes can be reduced and for overcoming sometimes lengthy delays in enforcement. The paper concludes by identifying alternatives to public auction that in some cases can offer better prospects of assuring full payment of a judgment debt. 2014-05-22T21:26:18Z 2014-05-22T21:26:18Z 2012-01 http://documents.worldbank.org/curated/en/2012/01/15826440/court-auctions-effective-processes-enforcement-agents http://hdl.handle.net/10986/18405 English en_US Justice and development working paper series;no. 18 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank, Washington, DC Publications & Research :: Working Paper Publications & Research