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Will you take my judgment?
Every Judgment Enforcer (JE), contingency lawyer, or collection agency has their own policies - and every judgment is unique. JudgmentBuy usually accepts and/or lists almost every (enforceable) civil and small claims judgments - worldwide. If your judgment is very small or looks harder to enforce, we will refer you to the best contingency collection agency we know.
When the debtor has available assets - judgments can usually be enforced. We look at every situation and accept (most) judgments that we feel somewhat confident can be enforced over time.
Where we cannot help is if your judgment debtor's situation is really hopeless, because that makes the judgment is hopeless. Reasons for a judgment being hopeless include a Social Security number is not right for the debtor name, no such debtor name, debtor very old, is chronically dirt poor, debtor has no address, debtor has many judgments against them, etc.
If your judgment has been rejected by several judgment enforcers and/or buyers already - please tell us why. If you do not, you will lose credibility and our experts will reject your judgment too for the problems they find and/or because you lied.
Judgment enforcers can only help enforce money judgments - they cannot enforce any non-money issues. An example of the kind of judgment they cannot enforce - was a California judgment against a "Psychic" - under "other" category on the entry of judgment: "Court orders defendants to remove any curse from plaintiff and plaintiff's family forthwith, and not to reinstate above said curse."
Another type of judgment enforcers cannot enforce are "mixed money" judgments. For example, if the judgment says you must return the debtor's property (e.g., a car), and also - the debtor must pay you back your money. In that case an enforcer cannot help. JEs can only enforce "one way" judgments - with a specific dollar amount owed by one entity to another - usually the defendant to the plaintiff.
We also cannot help you if you have a "home made" judgment not stamped by a US-court (One reason we ask for PDFs of the judgment when possible), or with UCC liens - where you never sued someone to get a real judgment.
JudgmentBuy helps with all kinds of judgments including child support, marital, and spousal support judgments. (In California, this is usually form FL-340.) Note that many judgment enforcers avoid family court judgments, so we may refer you to a good lawyer.
Recent law changes have opened the door for non-lawyers to enforce family court judgments. Most child support judgments never expire, however (unfairly) non-lawyer judgment enforcers who take assignment of child support or marriage dissolution-related judgments lose the bankruptcy protection of such judgments.
The law says:
a. [22:271] Not debts to third parties:Section 523(a)(15) expressly limits the discharge exception to nonsupport debts owed to a spouse, former spouse or child. Third party creditors (as where a marriage dissolution attorney fee award is made payable directly to the attorney) cannot invoke the § 523(a)(15) nondischargeability shield. [See 11 USC § 523(a)(15); In re Wodark (10th Cir. BAP 2010) 425 BR 834, 840 - Chapter 7 debtor's separation agreement obligating her to pay preexisting marital debt owed to third party was excepted from discharge under § 523(a) (15) even if debtor's direct obligation to third party had been discharged (under Colorado law, debtor's former husband could enforce his rights under separation agreement as a judgment, which constituted a "debt" debtor incurred in connection with separation agreement)] b. [22:272] Limitation in Chapter 13: Section 523(a)(15) does not apply in Chapter 13 proceedings where the debtor obtains a "full compliance" discharge. [See 11 USC § 1328 (a),discussed at ¶ 22:1345]
Many judgment enforcers who see a small (less than $10,000) family court judgment, act like a cat who has seen a dog. And, if one proves with legal cites showing that a judgment enforcer can legally enforce a small family court judgment, they act like a cat who has seen a dog through a screen door. (Some judgment enforcers do enforce larger family court judgments.) In general, lawyers and collection agencies enforce family judgments. JudgmentBuy can refer you to the right lawyer if we cannot find the right judgment enforcer.
Another judgment experts cannot enforce is one that is not a final judgment. (E.g. - you served the debtor with the complaint - they did not answer - and you got a one-page clerk default notice.) If the notice does not mention a dollar amount - you must get the judge to sign an order - to make it an enforceable money judgment. As long as it is an order by a judgment where one party owes money to another (in California this is covered by CCP 680.230 and CCP 680.279, and is assignable as per CCP 673) we can help you.
What if you are still enforcing your judgment? (For example, you are currently doing a wage levy on the debtor, having a sheriff sell their assets, or have a debtor's examination scheduled already.) In such examples, you are still enforcing your judgment. You need to finish or stop what you have started before you can sell or assign your judgment to a judgment enforcer or buyer.
Another court document judgment experts cannot enforce is the average court order - because such an order is not yet a final judgment. For example, if you have a restraining order that mentions an amount the defendant owes you - it is still just an order - not a final judgment.
If the debtor defaults on a stipulated payment plan - sometimes more court action is needed to make it a final judgment.
Finally, generally JEs cannot enforce a judgment discharged (made useless) by a debtor successfully filing for bankruptcy protection.
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|Contact: Mark Shapiro at Mark@GoGuys.com Fax 719-396-7035|
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