In my work, many times every day, judgment owners ask me questions such as this:
1) How long will it take for you to find me a judgment enforcer or buyer?
2) How much time does it take for my judgment to get recovered?
3) How much could I sell this judgment for right now?
4) What are the odds for my judgment getting recovered?
5) What do I have to share, to have my judgment recovered?
My first answer starts with: It depends on the judgment debtor. When the debtor is wealthy, it's all good; if the debtor is broke, it is almost impossible. Although my answer usually starts with "It depends on your debtor", all too often, I quickly find that the attitudes or beliefs of certain judgment creditors, are likely to prevent their judgments from ever getting collected.
This article is my opinion and is not, legal advice. I am a judgment referral expert, and not an attorney. If you ever need legal advice or a strategy to use, please contact an attorney. At my work, I screen judgment debtors with records from public data. I also check judgment creditors, to weed out the ones that are not ready to get the judgment recovered. In addition to our economic mess, these are the top 12 reasons judgments do not get collected:
1) A judgment debtor is bankrupt, broke, or dead; because this may make it impossible to collect a judgment. Small fraud judgments, or against a dissolved companies, aren't cost-effective to enforce. Occasionally the debtor's assets are shielded by laws which makes them protected from judgment owners.
2) The creditors want somebody to purchase their judgment instantly, without knowing anything about the judgment debtor. Such creditors may not ever get repaid. Judgment owners must understand that a judgment is similar to a used vehicle. The judgment purchaser must do their checking, and more often, comprehensive due-diligence. You would not walk into a used vehicle dealer and accept the car salesperson saying: "Hand me your money, and then I will give you the car keys. We will not start the car or let you drive the vehicle; and don't kick the tires until I have your cash in hand and we each sign our paperwork". How many vehicles would that used car dealer sell every year? Most likely zero.
3) The creditor demands instant results. Nothing in judgment recovery is instant, with the exception of debtors filing for bankruptcy protection.
4) The judgment owner doesn't want to split a portion of what funds might get recovered, with a future payment contingency basis. Judgment enforcement is costly and risky. Such creditors will perhaps not ever be repaid.
5) A creditor wants to use their own paperwork. The creditors reject all other contracts, and insist on micromanaging any collection plan. These creditors should hire their own attorney.
6) A judgment owner does not know anything about the debtor. When the debtor stays not known, their judgments will not ever be collected.
7) A judgment owner will not return anyone's contracts. Judgment enforcement professionals, lawyers, collection agencies, and cash up front judgment buyers; all require their documents to get signed and sometimes notarized.
8) The judgment owner is annoying, threatening, or mean. The majority of judgment professionals agree that life is not long enough to listen to those types.
9) A creditor is stuck in a shopping mode. They start out thinking they will find more money if they shop their judgment. It takes some creditors too long to find out and accept the truth that everything is dependent on the judgment debtor. Some shop their judgments forever, not ever finding "the right deal" and their judgment eventually expires.
10) A judgment owner is in denial, and with magical thinking, believes those web sites that say: "We pay 50% to 75% cash up-front for judgments". My company can sell you a bag of magical beans too. Certain creditors list their judgments at a "marketplace" to try to find cash upfront purchasers, only to eventually discover that often is a waste of time, and cannot get creditors more than 1-7% cash up-front for typical judgments.
11) A judgment owner doesn't believe the worth of their judgment is 100% dependent on their judgment debtor. They demand a particular (too high) cash up-front price they stubbornly continue to strive for. Such creditors ignore the reality that typical judgments are purchased for amounts around 1-7% of a judgment's face amount. Certain creditors may shop forever and never see a dime. Some creditors often prefer to let a judgment expire, than to sell them for an actual reality-based price.
12) The judgment owner spends a lot of their time telling long stories about themselves, their circumstance, how rotten the judgment debtor is, and the full history of many things before, during, and after their judgment; however the creditor do not ever send a copy of the judgment. Such creditors seem to talk a lot about their judgment situation, rather than taking action and making their decision.
A debtor's circumstance is a thing the judgment creditor, or the collector of their judgment; could only worsen, which is not what the smart judgment owner wants. A wise creditor wants the debtor to do very well for at least 3 months after their judgment gets paid completely. Of all the problems which could stop a judgment enforcement listed above; notice that 11/12 of the reasons are dependent on their creditor. Everything should just rely on their judgment debtor.
Check out the constantly improving site: http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest and best way to start recovering enforceable judgments. (Mark D. Shapiro)
JudgmentBuy tells the Truth.
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