Frequently Asked Questions about Judgment Recovery
Services
Is there a statute of limitations on executing my judgment?
Yes. Your state law sets a limit on how long a judgment is enforceable,
called a Statute of Limitations. This period is usually from 5 to 20
years starting on the date your judgment was awarded. Some states provide
a way of renewing your judgment for an additional period of time.
Can I recover interest on my unpaid judgment?
Usually, yes. Most judgments include a provision for the payment of
interest from the day it was awarded. The actual interest rate and
calculation
process varies from state to state. With interest, your judgment could
be worth significantly more than the day it was awarded.
Why shouldn't I use an attorney to enforce my judgment?
You can, if you are willing to put down a retainer and pay a fee of
between $125 and $175 per hour, whether they ever recover anything
or not. When
we enforce the judgment, you have no out of pocket expense per our
agreement.
How about using a collection service?
A collection service may contact the deadbeat and irritate him to
death! They may even place a black mark on his credit report. But,
they rarely
collect! And with the passage of the FDCPA (Fair Debt Collection
Practices Act), the debtor has the right to just tell a third-party
debt collector
to cease all communications. We, as the legal assignee of record,
are not affected by many provisions of the FDCPA. We can investigate
the
debtor, locate his assets and seize them to enforce the judgment.
Is there any guarantee that you will be successful?
No. Sometimes there are simply no assets to seize. But you can
be sure that we will do our best, because if we are unable to
enforce your
judgment - we don't get paid! This gives us a serious incentive
to
succeed!!
Must I pay any of the expenses incurred in enforcing my judgment?
No. In fact, we purchase the judgment from you, usually on a
future pay basis. At the time that we purchase your judgment,
we've neither
had
the opportunity nor the legal right to investigate the judgment
debtor. We can only do that after filing an 'Assignment of
Judgment' with
the courts. We then investigate the judgment debtor, and in
accordance with the laws of your state, proceed with our enforcement
efforts.
Only after
our investigation can we actually determine the value of the
judgment. In most cases, the expenses incurred in enforcing
the judgment
are either added to the judgment and recovered from the judgment
debtor,
or they
are deducted from the amount actually recovered. Either way,
you have
no upfront expense.
How long before I will actually see results?
It all depends on the difficulty in locating the judgment debtor
and in uncovering his assets. Some debtors are pretty adept
at hiding their
assets. They appear to live without any 'normal' means of
support. We will try our best to get results in the first few weeks,
but it could
take months in a difficult case.
I have a judgment awarded in one state against a debtor who
resides in another state. Can you help?
In most cases, yes. Especially if the judgment debtor answered
your complaint or made an appearance at your hearing. If
the judgment debtor didn't
appear, the judgment is called a default judgment which
is usually considered a weaker judgment. Each of us has
the
right to confront
our accusers
and to defend against any legal claims. So, if the debtor
is able to show the court that he was not properly served,
or
served in
the
wrong
capacity, he can file a motion asking the court to set
aside the judgment. Overcoming this hurdle can be one of
the most
difficult in any enforcement
effort. Especially when done across state lines.
How does all this work?
First, we complete an agreement detailing the specifics
of the purchase of your judgment. If acceptable, you
will then
assign
the judgment
to us making us the assignee of record. Once we have
filed the assignment documents with the court, we will have the
legal right
to investigate
the judgment debtor and proceed with the process of enforcement.
We will
then make payment to you based on the funds recovered
from the judgment debtor, per our agreement.
I want you to collect my judgment! What is my next step?
Just complete the short online application. We will contact
you by telephone and send the necessary documents for
your signature.
On
return of the
signed documents, we will immediately initiate enforcement
of the judgment.
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