Home Articles Calculator FAQ Site Map
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 and list (most) judgments that we feel somewhat confident can be enforced over time. When the debtor's situation is really hopeless, 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 is chronically dirt poor, debtor has no address, debtor has many judgments against them, etc. JudgmentBuy's judgment lists are kept as accurate as possible. When there is reasonable hope over time - we list the judgment. If we discover a hopeless judgment - we take it off our main lists and move the judgment to our "difficult" section. We list difficult judgments here. If your judgment has been rejected by several Judgment Enforcers already - please tell us why. If you don't, listing it with us will not help you get your judgment enforced. If your judgment has already been rejected by JEs - we can still list it, but will disclose the problems in our listings - which will prevent wasted time, and allow us to match your judgment with the right (patient) JE. JEs can only help enforce money judgments - they can't enforce any non-money issues. An example of the kind of judgment they can't 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 JEs can't 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 a JE can't 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, or with UCC liens - where you never sued someone to get a real judgment. JudgmentBuy lists child support, marital, and spouse support judgments and we will find a contingency collection lawyer for you. Note that many Judgment Enforcers avoid family court judgments. In California, this is usually form FL-340. Recent law changes have opened the door for non-lawyers to enforce family court judgments. Most child support judgments never expire. However 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 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 can't find the right JE. Another judgment JEs 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). 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 JEs cannot enforce is the average court order - because a order is not yet a final judgment. For example, if you have a restraining order that mentions an amount the defendant owes you - it's 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. Go Back To the FAQ 
JudgmentBuy.com Home Page
|
| JudgmentBuy - Contact Mark at Mark@GoGuys.com or phone 1-408-945-4240 or fax 1-206-267-9857. Usually Open (not too late) nights and weekends. |
|
Mark D. Shapiro 1346 The Alameda Suite 7-156 San Jose, CA 95126 
© Copyright 2001-2012 Mark D. Shapiro. Entire site is protected by copyright laws. All rights reserved. |