Check the steps before enforcing a judgment under a credit guarantee
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the file, record whether there is a judgment against the debtor for the guaranteed liability, the date of any written demand for that judgment debt, and whether 30 days have passed with the judgment still unsatisfied. Record any of the other three gates the lawyer has marked: the court has relieved the credit provider from obtaining judgment because recovery from the debtor is unlikely; reasonable attempts to locate the debtor failed; or the debtor is insolvent. Do not say enforcement can begin.
- What the lawyer must review
- The lawyer decides whether section 90 is satisfied and whether enforcement of the judgment against the guarantor can begin. The lawyer also checks section 88 if the credit contract itself is being enforced.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A judgment against the debtor is not enough. It must remain unsatisfied for 30 days after a written demand for the judgment debt, unless another gate is marked.
- Do not treat this as a substitute for the default notice under section 88. Section 90 is about enforcing a judgment under the guarantee.
- Subsection (1) is an offence of strict liability. Do not describe the step as optional.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.