Judgment Enforcers buy civil money judgments and then pay you.
Usually they pay you after they recover
your money from your debtor. Cash up-front sales
are always possible, but
not for as much as you want.
We partner synergistically with the most
qualified Judgment Enforcers
in every state.
We quickly
match you with the right Judgment
Enforcer close to your debtor,
which vastly increases the chances of
you recovering money from your debtor.
To get started, simply email
Mark@GoGuys.com or fax
(206-267-9857)
us a copy of the judgment, and what you know about the debtor.
We are Judgment Brokers, not lawyers or process servers.
(We can refer you to
good ones.)
Nothing we say or email, and nothing on this web site
should be construed as legal advice. If you need
legal advice please consult a
lawyer.
California interest rates are mentioned on our site - each
State
may have different interest rates.
Frequently asked Questions:
Navigation tips:
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Click your browser's Back button - or "Back" to return here.
Questions about the Contracts used in Judgment Enforcement:
Note that JudgmentBuy requires no paperwork, and there is
no obligation
for judgment owners with JudgmentBuy.
The answers below are general, discussing the
typical paperwork required by most Judgment Enforcers nationwide.
A: At every courthouse - there should be a sign that says:
"When you win a judgment - don't expect to be paid".
When you win a civil money judgment - very often,
the debtor won't (or can't) pay you.
Many people are surprised to learn -
that the court does not help you get paid
- and refers you to books or ways to learn how. The books and
the ways are not easy.
Enforcing judgments is
usually time-consuming and expensive.
It's easy to make a mistake when enforcing judgments.
Some try to enforce
the judgments themselves - spending
lots of effort, time, study, and money - with mixed results.
Many people eventually give up -
and their judgments sit in a drawer until they expire.
If you outsource the enforcing of the judgment - you
don't spend any money or time -
or have to learn obscure laws and forms.
You can outsource the enforcement of your judgment -
that is JudgmentBuys' specialty.
JudgmentBuy matches your judgment with the best Judgment Enforcer to
"Buy" your judgment. Our system leverages the
power of local enforcement of your judgment
- which vastly increases the likelihood of
getting money back from your debtor.
You then get (e.g.) 50% of the recovered
money (sometimes including interest) paid to you.
(Back or Home)
Q. I have a giant judgment/note against a deep-pocket debtor.
Why won't you pay me part of my great judgment upfront?
A:
First, about notes. Notes are not judgments. One must
sue a debtor to create a judgment. Unless the note
is backed up with collateral such a Trust Deed or a
pledged secure asset - a note is just a piece of paper.
In your case, you are asking us to fund your
lawsuit. During a lawsuit, anything can happen - and the
debtor has ample time to hide assets.
We are not in the lawsuit funding business - but we
can refer you to the best lawsuit funding companies.
See our Lawsuit Funding
and
Lawsuit Funding Delays
articles.
Also, in court, and later in judgment recovery -
nothing is guaranteed.
A wise judge once said:
"Because something is statutory in
nature does not mean, by it's very construct it will not have legal
argument against it. There is a difference between the "Letter of the law
and the spirit of the law" in equity. One must understand that the
abstract concepts of the law embody the spirit of the law and not the
letter of it in equity."
Even a judgment, is just a piece of paper until available assets
are found, and the judgment is successfully and eventually enforced.
And, if the debtor has lots of available assets, you will probably
get your money back quickly, it's just we cannot guarantee that.
(Back or Home)
Q: How much do Judgment Enforcers charge to enforce my judgment?
A: Most Judgment Enforcers (JEs) charge 50%,
because most judgments
are difficult and expensive to enforce.
However, everything is negotiable and every
judgment situation is different.
Some JEs keep the interest a successful judgment
recovery can earn - and some split the interest with you.
(Laws may be coming that reduces the interest rates
debtors have to pay. Also, interest is not always
collected in real life.)
We know many people with a new judgment think 50% is too much
to pay. And in some situations, 50% may be too much to pay.
How much you pay is between you and the Judgment Enforcer.
If you want your judgment enforced for 35% and you have
a large judgment on a rich debtor - perhaps 35% is fair.
We stay out of it, it's between you and the Judgment Enforcer.
First let's save
you some time. (JudgmentBuy
saves everyone a lot of time.)
Please read the rest of our answer.
If you still
want your judgment to
be enforced for less than 50%, or want to sell your judgment for
cash up-front,
or have any other
request, just tell us. We will list, for free,
with no obligation, your
request on our web site.
Reasons for the 50% standard to enforce a judgment:
There are many reasons why 50% is fair - including:
There are many ways for debtors to make
enforcement difficult and expensive.
The current economy means fewer debtors
have available assets.
Enforcing judgments takes lots of time - and many
years of (always ongoing) study.
Court, Sheriff, postage, and process-serving fees are higher now.
Often the time, work, and money spent
on enforcement is not
recovered, that is the
risk taken on by the JE.
Professional JEs have full access to - and must
pay for expensive private databases and information services that are
not available to the public - or on any "web detective" site.
As experienced and verified JEs that own judgments -
we are authorized to use "restricted" databases - similar to those used
by law enforcement and investigative agencies.
To have access to the above, a JE
must meet several requirements - including
passing a background check, having an office, passing a site
inspection by a licensed private investigator, having
a business licence, etc.
Enforcing judgments is a business with expenses and overhead.
New laws that protect debtors are being passed every year.
Bankruptcy is rising at an exponential level. And
serial bankruptcy is on the rise.
JudgmentBuy refers judgments to
professional JEs, to better go after debtor's assets.
Upon a successful recovery from the debtor -
the Original Judgment Creditor (OJC) always get their share.
The JE (who worked hard to
recover your money), the Finder, and JudgmentBuy,
split any leftover net profit.
If judgment debtors have assets,
they sometimes live "under the radar" paying cash
for everything - and working under the table. Sometimes they
get assets
out of their names, into the name of someone else - or offshore, etc.
The work to find debtors and their assets, and perhaps undo
asset hiding is laborious, costly, time consuming,
and requires many court appearances at least, and major
investigations.
Even "easy" and "quick" cases have court-related and other costs.
We (not you) pay all the expenses of enforcement.
We pursue the judgment debtor until all current assets are seized, past
assets are put back into the judgment
debtor's name and seized, and future
assets are recovered to satisfy the judgment.
When the judgment debt
is large and the debtors are hiding massive assets,
we sometimes work with
lawyers and receivers
(see our Receiver
article), to uncover and seize hidden assets.
If the judgment debtor changes their name and
moves overseas and hides their assets -
we will likely return the judgment back to you, as nothing can be done
unless the judgment is huge and the debtor has lots of assets.
You get paid after we recover money from the judgment debtor.
You get (e.g.) 50% of any money we recover from the debtor.
Fifty percent is usually
the necessary and standard rate for experienced
Judgment Enforcers (JEs). 50% enables JE to
cooperate (share rewards, see our
Coop article)
with JEs (near the debtor) -
to follow the debtor no matter where they go. 50% allows
JEs to dig deep, and spend lots of time and
money to discover and take debtor's assets.
While there are some JEs
who enforce average judgments for less than 50%,
such JEs may be new,
or may give up on
all but the easiest-to-enforce judgments.
In general a JE at 50%, is
more likely to get you paid.
Every situation, debtor, and JE is unique.
If you assign an easy-to-enforce
judgment to a JE and it really is easy-to-enforce, the JE
may reduce the 50% charge.
If, and how much the JE reduces the charge
depends on many things (up to the
JE alone to determine.)
Most JEs are fair, and do not benefit from
unjust enrichment.
Even when you think your judgment is easy, e.g., you
know where
the debtor works and banks,
most of the time it is not so easy.
The bank account almost always has
less than the amount owed. Debtors can
lose their jobs. There can be other
creditors ahead of you.
The debtor can file for bankruptcy protection.
(Even if they "can't" go bankrupt, nothing stops
them from trying again.) Hundreds of other things
can happen to make your "easy judgment"
require money, expertise,
and persistent
efforts over a long time - to enforce.
Rarely, "easy" (larger) judgments are really easy to enforce.
In those cases, JEs
might choose to reduce their fee. It is up to the JE.
Generally, JEs do not believe or
participate in, unjust enrichment.
(Back or Home)
Q. After returning your forms, what can I expect?
A: We (JudgmentBuy) are lightening fast - and we
don't send you forms.
The Judgment Enforcers (JEs)
we know and refer judgments to -
will send you their forms.
Qualified JEs usually don't let things
sit around. However, courts and other entities can be slow.
With budget cuts at courts and Sheriffs - there can be
long delays not under anyone's control. If can even take time
for us
to find a (qualified) JE close to your debtor.
How the assignment of judgment procedure works with almost all JEs:
After you mail them back a signed Agreement, and the signed and notarized
Assignment form - they make a copy for themselves.
Then they bring or send the original Assignment form to
the court. Then the court stamps it with their endorsement.
This gives the JE the legal right to enforce your judgment.
The search for available assets begins, and
if/when assets are found, the JE requests the courts and Sheriffs
to seize the debtor's assets. After the courts and Sheriffs
release the debtor's funds - you get your money.
(Back or Home)
Q. How much does JudgmentBuy charge me?
Nothing. JudgmentBuy is paid only by the debtor.
We get paid by the Judgment Enforcer out of their
share of a successful recovery. If you don't get
paid, we don't get paid. What we are potentially paid
does not and cannot, change what you get for your share.
We cost you nothing, and we provide a lot of value.
JudgmentBuy provides much more value to Judgment Enforcers than
our potential cost for them.
Q. How can I get started in the Judgment Enforcement Business?
A: This is a business where most study and work for years
before making a dime. You must learn the laws of your state,
and read many books. You must spend before you earn.
For free, you can read everything on our web site. Then
join, read, and post to
the forum at
http://Forum.JudgmentBuy.com.
The JudgmentBuy forum is a great (and free) place to learn
about judgment enforcement.
After reading tutorials and getting ideas there,
you can decide
what to do (study) next. JudgmentBuy is the best (free)
way to start learning
about the judgment recovery business.
See our
Judgment Recovery Training and Courses
article, and our The Judgment Recovery Business article.
(Back or Home)
Q. I spent a lot of money trying to collect from
my debtor before sending my judgment to you.
Can these costs be reimbursed at some point? (Or -
the last Judgment Enforcer charged me a big fee, can that be
reimbursed?)
A: You are never charged a fee, and you never get a bill.
Whether previous costs can be recovered - depends on what
costs, what the judgment wording says, and which state.
As an example, in California
certain costs can be added to the debtor's debt using
a MC-12 form - if such costs are incurred, claimed, and endorsed
by the court
within 2 years. Other states have different rules.
When possible, we try to add your previous costs, and all new
costs, to the debtor's debt.
(Back or Home)
Q. I have my lawyer look over all my contracts. He reviewed your
paperwork and made changes to make it more legal, and it seemed
fair to me, why won't
you accept these modifications?
A: The forms that Judgment Enforcers use are time-tested
to comply with the laws of each state. Sometimes
lawyers may try and "help" by combining the Assignment and
the Agreement forms into one document. This won't work,
as the Agreement form is not filed with the court. Sometimes
lawyers put in mandatory progress reports,
regular accounting, and other things that make it seem
the Judgment Enforcer is "working" for you - which is
a legal no-no when the Judgment Enforcer is not a lawyer.
(Back or Home)
Q. I am trying to qualify for Medicaid - but they said
my worthless judgment is an asset -
even though my debtor is hopelessly broke.
My lawyer said someone can buy my judgment for $1 but
Medicare says that's not a fair market value.
Can you help me verify my judgment is worthless?
A: Judgments are
sometimes considered to be valuable assets
by Medicaid, Bankruptcy Courts,
State agencies, or other funding assistance sources.
However, worthless judgments are not real assets.
One "problem" is that we cannot do a full search on a debtor's
assets
unless we own the judgment. Although
we are not lawyers, we might be able to help -
if you hire a private investigator to verify the
lack of assets and/or destitution of the debtor.
Then send a copy of the PI's report
to us. We can do some more checking, and write
a letter to you, stating that we believe the value of the
judgment is zero. The Private Investigator's report and
our opinion together, may convince them the judgment is
worthless. Again, we are not lawyers and this is just our opinion.
(Back or Home)
Q. I sent you my judgment. While you are looking for a
Judgment Enforcer, will you tell me more about my debtor?
A: With JudgmentBuys' system, we don't own your judgment.
This means that when we screen debtors,
we use only data sources in the public domain.
We are not Private Investigators or lawyers, so we cannot
share the details of the debtor with you. Even a
Judgment Enforcer is limited in what they can tell you.
If your debtor went bankrupt, anyone can register for
a
PACER
account to see the bankruptcy record details.
(Back or Home)
Q. Do you fund lawsuits?
A: We don't, but we know the best lawsuit funding company
in the business very well.
Contact us, and if you can be helped by a lawsuit funding
company,
we will refer you to the best.
See our Lawsuit Funding
article.
(Back or Home)
Q. I have a structured judgment - can you
make my debtor pay me faster?
A: This is also known as a stipulated judgment - where the
plaintiff and the defendant agreed on a payment plan -
approved by a judge. As long as the debtor is repaying
you as per the requirements of the judgment - our opinion is that
nothing
"should" be done to force them to pay faster.
If the debtor stops paying you, one can file an
affidavit with the court that the debtor breached the
stipulated plan, and then we can help.
(Back or Home)
Q. Why is Local judgment enforcement important?
A: There are many advantages to picking a Judgment
Enforcer (JE) local to the debtor.
(We have Judgment Enforcers in ,
.)
Here are the top six:
1) A JE working in the same court - means
they are more familiar with the judges, rules, and procedures in the
courts local to them.
2) Debtor exams and other court motions and actions
become very convenient for the JE.
3) The debtor's assets, habits, and situation are easy to determine.
4) Witnesses and third-parties are easy to find.
5) Debtors are often more willing to pay, when they know
the odds have been changed, by having a local JE next to them.
6) In person court-filings mean no unexplained delays. Filing
documents by mail can add months to enforcement efforts.
Q. Why do I have to share so much of my judgment
(that I spent a fortune
getting) with you? Why do Judgment Enforcers charge so much?
It's not fair. I paid to get the judgment - I have to pay again?
A: We feel your pain. This feeling happens to many who "win"
a judgment, and then later discovers that does not mean getting paid.
Bill Fason, from the Office Of Judgment Enforcement,
once wisely wrote:
"There's a market for unpaid money judgments.
Debt buyers typically pay between one and
three cents on the dollar for over 90-day paper.
Most creditors (if they are not
professional finance people) at first
look upon their money judgments as if they had
found a Golden Ticket to visit Willy Wonka's factory.
Eventually the cold harsh reality sets in as they
discover that their bad paper has a street
value somewhere between Confederate war bonds
and broken eight track tape players."
You must pay (time and/or money) to get a judgment.
Then to get it turned into cash, you must pay again.
Even without a Judgment Enforcer, you have to pay the
courts, Sheriffs, and others - with no guarantee you
will be repaid. With a Judgment Enforcer you
are spared additional time and expenses.
The expenses and hassles of judgment enforcement
is covered elsewhere on this FAQ, but let's look at it one
more way - converting a piece of paper into cash in your
pocket.
With a judgment - you have to pay (the normal exchange rate is 50%)
to get your legal right, changed into what you really want - cash.
Here are 3 analogies:
1) A merchant buys a 300 pound Tuna fish for 50 cents
a pound. A 300 pound fish on your doorstep would not
be a good thing. You would gladly pay much more than 50 cents
a pound for a filet of tuna steak, flash-frozen and
wrapped.
2) Water is everywhere - but it costs money for water
ready to drink.
3) A court judgment - is an idea on paper. It takes
a lot of work to turn that idea, via sometimes expensive legal
methods, into cash. That's why you must pay (one way
or another) to get the concept of cash turned into actual cash.
(Back or Home)
Q. The judgment against me was for $5,125, how
you can take $8,233 from my bank account?
A: This judgment was more than a few years old. In California
there is a state-mandated (currently)
10% a year simple interest on judgments.
Not only that, but any reasonable and legal costs we incur
are added to the judgment. So, when you avoid paying this judgment -
costs and interest add to the total amount you owe - and our
goal is to help/encourage/convince/take
what you owe.
(Back or Home)
Q. I'm a debtor, and I want to buy something on credit.
I have a judgment against me, but I can't locate
the creditor, and I wonder if you
can give me some advice?
A: We are not lawyers,
but if you want to pay off or settle the judgment against you,
sometimes we can help.
We cannot help or give you advice about
avoiding paying off or settling a judgment.
(Back or Home)
Q. Why should I send you my judgment?
A: Because JudgmentBuy is (by far) the simplest,
easiest, and fastest way to
get the right judgment buyer, or judgment
enforcer working on quickly recovering your judgment.
Without costing you a cent, no paperwork to sign, and without
obligating you in any way, we refer you to
the right buyer or Judgment Enforcer (JE) most likely to recover money
from your debtor. Because we don't personally enforce your judgment, we
make an unbiased and objective choice, when we intelligently
match your judgment to the right JE.
We have the best databases
and knowledge to match
judgments to the right JEs closest to debtors
nationwide. We list and refer your judgment on both the
industry-standard (average 50%) 30% - 70% Future-Pay basis, and/or on
a (much less than 50%) cash up-front basis.
Judgment debtors can run, but not hide from the JudgmentBuy system.
We have solved the problem of how to choose the right
JE.
We are good news to everyone
related to JE (except debtors.)
Many laws favor the debtor's side.
Some debtors abscond to a different state or country,
to evade paying the judgment against them.
Even in the same state, it's
harder to go after debtors more than half an hour
drive away from a JE.
JudgmentBuy is the solution.
With
us, you are assured the maximum
chance of recovering money from your debtor over time.
We find the right
JE to recover your money.
Our unique solution works much better at no extra cost to you.
Our simple and fair system enables judgment
Finders
(those who provide leads on enforceable judgments)
to earn referral fees. We help
JEs
get new judgments close to them. We enable JEs to
refer judgments (where the debtor
is too far away) to us to earn a Finder's Fee.
Most importantly, we greatly increase the chances for
Original Judgment Creditors (OJCs)
to get their money back from debtors.
We are very useful to JEs, Finders, and OJCs
for five reasons:
1) We personally know Judgment Enforcers in every state, and
know many overseas Judgment Enforcers and collection lawyers.
We are the most "plugged in" judgment enforcement entity on Earth.
We are experts at referring you to the right Judgment Enforcer.
2) We have vast ongoing experience with enforcing judgments.
3) For free, and with no obligation,
we list your judgment, and introduce you (in the way you prefer)
to a qualified
JE close to your debtor
- to greatly increase
the chances for enforcement. This is done professionally.
You are protected by the Agreements all parties sign.
Our system, combined with our knowledge, and
our excellent customer service - makes us the best way
to start, and maximizes the chance of a successful recovery, of
your judgment money.
4) We are the most friendly and responsive judgment enforcement entity
on the planet. We are not perfect and get busy sometimes -
but we always quickly return phone calls, email, faxes, and
snail mail.
5)
Mark D. Shapiro (no relation to Lance or any other
judgment-related Shapiro that we know of) and
Harry Toft don't hide our names
on our web site.
We are dependable, consistent, and here
to help you.
JudgmentBuy is the best way to start a
successful judgment enforcement.
If the JE we refer you to, cannot enforce
your judgment and you get your judgment
back, contact us - we may be able to match your judgment
with a new JE,
based upon what has changed with the
debtor.
(Back or Home)
Q. Thanks for getting my money. Should I report this as income
on my tax return?
A: We are not tax experts. Our opinion is - if $25,000 was taken
from you, and you sued and
won - and later on, we recovered $25,000 or
less for you - there was no profit.
In such a situation, no tax would be due. If we got you back more
money than was taken from you -
you might have to pay tax on the profit.
This is just our opinion - please consult a tax expert.
(Back or Home)
Q. Good luck collecting from me -
I have 10 creditors ahead of you - get in line!
A: A civil court money judgment -
combined with expert knowledge on how to
persistently enforce it - for as many years as it takes
- is a very strong combination - and
is not "just a debt".
We know how to take "cuts" in
your line of creditors. You might not be (or stay) as
judgment-proof as you think, consider a payment plan to save a lot
of costs and hassles.
Every year you avoid paying us means (California) 10% more that
you owe, plus any costs we may incur trying
to seize your assets over time. We might seize
your assets (or your estate's assets) decades from now.
Also see the Question and Answer -
Why pay the Judgment?
(Back or Home)
Q. What is JudgmentBuys' role in enforcing judgments?
A: We are judgment enforcement catalysts. We help
judgment owners get paid
more quickly.
We are also Judgment Brokers, and greatly simplify the
process of either selling, or recovering money on a judgment.
See our
What is a Judgment Broker?
article.
JudgmentBuy is
the free (and no hassle) judgment listing and matching service,
that refers plaintiffs/Original
Judgment Creditors (OJCs) with
Judgment Buyers and Judgment Enforcers (JEs) - carefully matched to
judgments and debtors. We
match judgment owners with the
JE most likely to recover money from debtors.
This match helps make magic (debtors' assets returned
to the OJC) more likely to happen.
JudgmentBuy is the best place to list judgments.
No upfront cost for either the OJC or the
JE. Everyone
gets paid upon a successful recovery.
Using public information sources we gather,
research, and validate the judgment and your debtor, and then
offer it as a
(no upfront cost) lead to a qualified Judgment Buyer or JE. If the JE
is successful - they, we, the Finder of the judgment,
and most importantly - the OJC gets
paid by the debtor. That's our goal.
We are the best judgment referral network to best recover money
for OJCs.
Finders refer judgments to us
for a potential Finder's Fee.
JEs get screened judgments from informed OJCs,
with debtor's assets close to them, which decreases costs
and speeds enforcements.
OJCs get better results with
the right JE - matched to their debtor.
JudgmentBuy helps OJCs, JEs,
and those who find or refer judgments. Our system
saves everyone time, and helps everyone get paid.
We help in 3 ways:
1) A one-stop place for OJCs to find
the right JE to recover money from the debtor.
2) A simple way for anyone (including JEs)
to refer judgments to us, and get a 5% Finders's fee, if and
when the judgment is enforced.
3) The best referral judgment leads for JEs with
educated OJCs, and screened (using public data sources)
debtors - matched to the location of the JE.
(Back or Home)
Q. I thought the debtor paid you, so why did I get a 1099?
A: Debtors that are companies sometimes send a 1099 tax form
to everyone
involved with the enforcement of your judgment.
They often send the 1099 for the total amount they paid - which
can be confusing at first. As an example, let's say the debtor paid
$2,000 to the Judgment Enforcer (JE), and the JE
paid you $1,000. They send a 1099 to both the JE and you
for $2,000.
Of course you only got $1,000, and the Judgment
Enforcer, while they grossed $2,000 - they had expenses -
the biggest paying you $1,000. So for both you and the JE,
you get 1099s for the whole amount. Don't worry about this,
just keep your records together.
If the government questions you about this, you can easily show you only
got $1,000.
(Back or Home)
Q. Why do most Judgment Enforcers not want to meet me in person?
A: Because it's not convenient for them.
While there are a few Judgment Enforcers (JEs)
that have a public
walk-in location, the vast majority have a virtual office.
One reason is the Internet, which makes it possible to do most
work online. Another reason is security. Not every debtor is
polite. Having a virtual office solves this. Many JEs
work from home, and/or have a small hidden office near
the court, with a totally separate mailing address.
Many JEs are too busy to meet with you, when
there is just no reason to meet with the fax, phone,
email, and mail. If you really want to meet a
JE, ask them when the next time they will be at
the court, or at a process server's office.
(Back or Home)
Q. What is unique about JudgmentBuy, and what is the history of your
system?
A:
There is nothing unique about what we do,
except we are the best at doing it.
We are smart, friendly, and
super-responsive,
and have the goal of helping everyone except debtors.
(We want debtors to be treated as well as can be.)
Yes, we have special
databases, contacts, knowledge, motivation and techniques.
But no, we just match Judgment Enforcers with debtors better than
anyone else. We are mirroring what the judgment enforcement business
is all about.
There may be one person, and probably others -
actively claiming the concept of judgment coops,
(see our
Coop article)
leads, and
referrals is "theirs". This is simply not true. (Just like
Al Gore did not invent the Internet, or a list of cities and states
is one person's invention.) Such common things cannot be
intellectual property.
Our system works very well - and still we can't patent what
we do - because what we do is already common knowledge, and
in the public domain.
We don't know who did the first judgment referral,
or the first judgment lead system. These concepts have been around
for at least 40 years. We (vastly) improved on very old concepts
to make a win-win system for everyone.
What we do is mostly generic, and in
the public domain. Our secret is we constantly improve
and maintain our sustainable system where everyone wins.
Judgment coops have been used by Judgment Enforcement
Professionals for many years. We know it was in
existence when we learned about judgment enforcement many
years ago. Any honest Judgment Enforcement Professional
will tell you this concept isn't new, and has been done
for many years.
Attorneys have been using a similar concept, in the larger
law firms for generations. Attorneys and attorney
partnerships have been distributing profits among the
partners for decades.
How long has our referral program been around? The concept
of referrals have been around for at least a thousand years
or more. We call it a referral program, other call it joint
venture partnerships. Many industries use joint ventures.
Unlike the coop concept, with a referral, we refer the judgment
to another Judgment Enforcer for a small percentage of the
actual recovery - as is done in any joint venture program.
Ideas and concepts are great - but it's hard work,
commitment to excellent customer service, constant
learning, and constant improvement that counts.
About our history, we used to enforce judgments for a decade
or so. Then we figured out what was both the best for everyone, and also
what we are best at: JudgmentBuy.
(Back or Home)
Q. I don't want the debtor to know where I live, will you
protect my privacy?
A: We never share any information
about Original Judgment Creditors with anyone - except
as required by law. As an example, we must give
your name to the debtor and the courts and sheriffs.
Your address appears only on two court forms - the
Assignment Of Judgment - and the Satisfaction of Judgment.
You can choose to give us your work, or post office
box, address.
(Back or Home)
Q. How has the economy affected your business?
A: This economy is very bad, it affects Judgment Enforcers as much
as other businesses. The good news is more people are
dusting off their old judgments, and finding us.
(Our referral business is booming...)
The bad news is the economy tends to affect debtors more than
the rest of us.
Liens on upside-down property don't result in payments,
debtors have less (or no)
money in their bank accounts, and debtors (and other
Americans) are losing
job income faster than ever before.
We need wild new ideas to bring America back
on track - try this search:
(We do not smoke pot or take illegal drugs.)
Q. You cleaned out my bank account! - I can't pay my rent!
What kind of person are you -
how could you do that?
A: Our job is to Enforce this judgment against you.
It's not personal - it's business.
You got a very clear letter - informing you
that we owned a judgment against you - and that
we were going to enforce it. We gave you
30 days to contact us - to discuss topics such as
your plan to pay off this debt. If you had called,
emailed, faxed, or mailed us - to start a discussion on
how to pay this judgment over time - this would not have happened.
You ignored our letter. Sometimes you
also got notice of liens being recorded and
Memorandum Of Costs mailed to you. In all cases our
contact information was very obvious.
We are very good at finding bank accounts and jobs - and other assets.
One "problem" is we must follow laws. If we knew how much money
was in your
bank account - we would have not taken all of it.
But the law says we cannot
know how much you have. When we have the Sheriff
take your money - we can't
say "take 70% of it". The law says that we must take
as much as will satisfy the judgment - or as much
as your bank account has.
(And if this was not a surprise - you could have moved the
money before we could get it.)
Also see the Question and Answers -
Why pay the Judgment?
(Back or Home)
Q. If I email you, or send you a judgment to look at -
will you keep bugging me
if I decide not to use you? Will you send me spam?
A: We don't spam and we don't bug.
If you were referred to us - or if a Judgment Enforcer
sends you paperwork -
and month goes by - you may get one email
reminder to return the paperwork. If you call us and
don't leave a message -
we may call you back once - or mail you a letter
once (with a business card).
We are not spammers or a pushy sales people.
We know it takes some people a while to
reach a decision - about something as important as
selling your judgment to a Judgment Enforcer.
We don't bug you - We wait for you to contact us.
(Back or Home)
Q. I told you the debtor has a car - Why didn't
you take my debtor's car to get my money?
A: Because that car was leased (or had a big loan on it)
and did not actually belong to the debtor.
Taking cars - or
other physical assets - is one of the more complicated and
expensive ways to enforce a judgment.
We take debtor assets often -
but only when it makes economic sense.
(Back or Home)
Q. When I got my judgment, my lawyer told me my
judgment was bankruptcy-proof.
You told me that my judgment could be discharged in bankruptcy. Should
I ask my lawyer to go to
court again, and make my judgment bankruptcy proof?
We are not lawyers - but we do understand "Res Judicata".
Res Judicata means that after you win a "final"
judgment - one can't re-sue someone again on the
same causes.
We are not lawyers - but we know if a judgment
does not explicitly argue and prove the "Badges Of Fraud" -
it is almost impossible to raise the necessary badges of fraud
later in bankruptcy court. To make a judgment
harder to discharge in bankruptcy - there must be
more legal action required. One
example is when you
later (during post judgment discovery on a default judgment)
find evidence of fraud, etc.
Even when your judgment already lists
every badge of fraud, it takes a lot of time and money
to get the judgment debt determined non-dischargeable in bankruptcy court.
Also see the Question and Answer - at:
What about Default Judgments?
We are not lawyers - you might want
to ask a bankruptcy lawyer.
(Not all lawyers are experts on bankruptcy issues.)
See our
Your Judgment and Bankruptcy
article.
Q. What about big judgments with a lot of money involved?
A:
A judgment is only worth the value of the available debtor assets to pay it.
Judgments are usually not worth the face value of the judgment.
Large judgments take more time and money to enforce.
Once in a while, a very large judgment is against
a deep-pocketed debtor. When
big judgments are enforced easily - Judgment Enforcers may reduce their
fee.
(Back or Home)
Q. I have a judgment from the California Labor Board -
can you Enforce that?
A: Yes, but there are 3 things to be aware of:
First - A problem (especially these days) - is the company that
owed you money - may be
out of business now. If it's out of business -
we may be out of luck.
Second - The Labor Board must register your
judgment with a State court. Most often
they do that automatically. But sometimes you
have to remind them.
Third - labor boards rarely make the owner(s) of the
business liable on the judgment.
That means it is rarely possible to
collect from the owner personally.
(Back or Home)
Q. Other Judgment Enforcement companies have several departments.
You only have one email and phone,
how can you compete with a team?
A: Years ago, we too - had many email addresses
(e.g. judgments@, payments@,
status@) at several
domains - and several toll-free phone numbers -
following the advice of sales books to "make ourself look like a big
company". We now have several people
running JudgmentBuy, and us one primary email -
Mark@GoGuys.com, and
one (published) incoming phone line -
888-831-4350.
If we miss your call - we call or email you back quickly.
This works very well.
Even when a (non-lawyer) Judgment Enforcer has a team or office
with more than one person
- only
one person can sign court documents, appear in court,
and be the legal enforcer of a judgment.
In California; a corporation, LLC, or partnership -
cannot represent itself in civil court.
Judgment Enforcers are not alone - we do a lot of outsourcing - with
marketing, Private Investigators, Process Servers, other Judgment
Enforcers, and lawyers.
We answer questions quickly and accurately.
(Back or Home)
Q. If I send you a check - you will find my bank account.
If I call you, you
will have my phone number - why should I help you take my money?
A: By paying us voluntarily - you save a lot of money and time -
and perhaps improve your credit report too.
Information like your phone number and your checking account is
very easy for us to find. We don't need any contact from you.
When you pay us voluntarily (even small amounts if that's all you can
afford) - you don't pay large bank fees resulting from a
surprise levy of your
bank money (or job wages, property, or other assets -
over and over - over the years - until the judgment is paid in full.)
You also don't run up costs - which are always
added to your judgment debt.
By paying voluntarily - you get to choose when,
and how much to pay - and
there are no added costs, hassles, or surprises.
See our How to Levy a Bank Account
article.
Communicating with us (email is best) is always
a good idea.
Also, ask yourself
- why would we interrupt someone who is paying us?
When you pay us voluntarily - you are
saving both of us
time and money. If you lose your job or have a bad month/quarter - we
will be patient and work with you.
Our goal is to get the judgment paid over time
- not to cause you extra
hassles. We work with debtors who want to work with us.
(Back or Home)
Q: Are you a collection agency?
A: Most Judgment Enforcers (JEs) are not collection agencies.
Collection agencies process debts in bulk.
Most limit themselves to only sending
letters, affecting credit reports,
and making telephone calls to debtors.
Even if and when
a collection agency succeeds
- they sometimes charge you
extra fees - to before they try and get your money.
JEs have much more powerful tools -
and get much better results
than any collection agency.
You never have to pay (us or them) anything.
JEs don't bother with debtor telephone calls, and they don't harass
debtors. JEs seize the debtor's assets to get you paid.
Enforcements should begin
with a carefully selected JE, who then becomes
the Assignee Of Record.
JEs take full assignment on court judgments,
getting the judgment into their name.
Then they creatively enforce the judgment as the legal
Assignee Of Record. The JE has the authority to
conduct thorough asset investigations. The JE can search
and seize assets - and bring the debtor back into
court as many times as is required.
A JE buys the judgment -
and become the new owner - paying you the Original
Judgment Creditor, after
they enforce the debt of the judgment debtor.
When the judgment debt is paid -
they file a Satisfaction Of Judgment with the court.
Every judgment is enforced individually and expertly.
Every day JEs both spend and get money
from enforcement procedures.
JEs have many resources that collection
agencies will never have.
See our
What is a Judgment Enforcement Agency?
article.
Q: You sent me a letter saying you are enforcing a judgment
against me. I'm contacting my lawyer and suing you!
What do you think of that?
A: We did not pick your name out of the
blue. A Judge signed a court order -
ruling that you owe a money judgment.
A Judge turned your debt into a
final Judgment. There is no longer any valid dispute or
"claim" about this debt - it is now a final judgment.
Later, the original owner of
the judgment wisely sold it to a Judgment Enforcer.
And the Judgment Enforcer is going to enforce it.
Please do show the letter,
and our proof of our legal right to enforce this judgment
- to your lawyer.
After thinking, and getting advice about this judgment,
you will discover you can:
A) Start or take further actions (or ignore this judgment)
- which will increase your costs, hassles,
and total judgment debt owed.
B) Pay the court-determined amount you owe.
C) Discuss with us, a timing plan to pay this off -
or a settlement.
D) Attempt to file for bankruptcy - which has many
drawbacks - and
might not eliminate this debt.
Your lawyer can explain this is a valid judgment debt -
and your best choice is usually to
quickly pay what you legally owe. And what we
do is legal - and unjust lawsuits can often be stopped
(In California, see CCPs 425.16-17)
Q: You put this on my credit report!
What gives you that right?
A: This is standard result of judgment
enforcement actions. We gave you 30 days to
pay or simply contact us by mail, email, fax, or phone.
You ignored our notice to you, and our invitation
for you to discuss this judgment.
As your creditor - it is legal and expected of us -
to take enforcement-related
actions to both seize your assets - and preserve our rights -
which cause the credit reporting agencies to notice this
judgment against you.
Of course if you pay the
amount you owe in full - we will take actions -
so you can report this debt as paid
in full on your credit report.
(Back or Home)
Q. How long is a judgment good for?
A: In California, a judgment is valid for 10
years, and can be renewed indefinitely. Other
States
vary from 7 to 25 years. (Federal judgments expire
at the same time a state judgment would expire - in
the state where the Federal judgment was obtained.)
Almost always, if a judgment expires, and was not
renewed - it is worthless. (If the debtor successfully goes
bankrupt, that kills most judgments.)
See our
Your Judgment and Bankruptcy article.
(Back or Home)
Q. I see the advantages of using your referral service.
Does your referral system slow the enforcement of my judgment?
A: We are very fast, compared to courts and
judgment enforcement-related procedures.
The time (days in most cases, sometimes longer) it takes
for us to find the right Judgment Enforcer (JE)
for your judgment, vastly increases
the chances of you getting your money faster.
Without us, you should perform due diligence - and
research the sea of JEs, which also takes time.
Think of us as a "Measure twice, cut once" service that
costs nothing extra. When pouring a glass of milk,
what is more important? - Finding a glass and tilting
the carton as fast as possible - or picking a clean
glass, good lighting, and pouring carefully to avoid
spilling?
After we get a copy of your judgment, we check to see if it matches
a qualified JE we know. If so, we refer you to them
within 24 hours.
If we don't have an exact match,
we list it on our
site, and then interview qualified JEs about your judgment.
California judgments are listed
here,
and national judgments are
here.
How long will it take to find a JE to enforce
your judgment? Sometime we find a match the same day.
On a challenging judgment, it may take many months.
Some of the reasons the timing varies include:
How many JEs work where the debtor's assets are.
How big and enforceable the judgment and debtor appears.
How many other judgments we have listed in the same State/County.
How popular JudgmentBuy becomes - we are working to become
the "Google of judgment enforcement, leads, and referrals".
While it makes no sense to us -
you could keep looking for a JE after you list your judgment with us.
(Please let us know if you find one.)
When your judgment moves off the lists above, that is good news -
you very soon will be introduced to a qualified JE.
How long does it take to get back some of your money?
That depends on the enforceability of your
judgment. A $10,000 judgment in Cupertino, CA against
a well known rich person will get snapped up much faster than
a $3,000 judgment in Yountville, CA against a corporation
that moved and now operates under a new name.
(Back or Home)
Q. Your web site has a picture of
someone being "shaken down". That is not a professional image -
it reminds me of shady lawyers and bill collectors.
Why do you have that awful picture on your web site?
A: That picture was chosen to reflect reality.
Shadiness goes both ways - the average
debtor is more likely to be shady than the average Creditor.
Enforcing judgments is rarely voluntary.
Debtors often get "shaken up" when Judgment Enforcers (JEs)
take assets
they thought we'd never find - even years later.
JEs like to have fun while doing the best they can to
both encourage debtors to see the light (and pay) - and also
to navigate the difficult (and expensive for all parties)
path to find and
seize the assets of debtors who ignore them.
(Back or Home)
Q. What happens after I send you my judgment paperwork?
A: After we get a copy of your judgment,
we put a summary of your judgment on our web site, and
then find the right Judgment Enforcement
Professional (JEP) best suited to enforce your judgment
(recover your money) from the debtor. (The JEP has
already signed our separate agreement with them.)
We find the right JEP as quick as we can -
sometimes the same day. Then we step out of the picture.
If you choose to start your judgment enforcement
with the JEP we recommend, and wish to proceed,
you then sign and return their (Agreement and Assignment)
documents.
Then the JEP files the Assignment papers with the Court
to make them the legal owner of
the judgment.
Note that (this is true across the entire judgment enforcement
business) the JEP is not obligated to keep your judgment.
Most of the time this is not an issue - but occasionally,
a Judgment Enforcer will return a judgment soon after
you assign it to them. The reason is that
when we get your judgment, we don't own it. When we introduce
you to a JEP that is right for your debtor, they don't own
it.
If you don't own a judgment, you cannot dig deep into
a debtor's situation. Only after you assign your judgment to the
JEP - does
the JEP own the judgment. Sometimes when you dig deep,
you find a hopelessly broke debtor. Most JEPs have no interest
in buying more file cabinets to store folders of paperwork for
hopelessly
broke debtors. (But if you ask them to just
check the debtor every year,
and promise to never bug the JEP - some JEPs will keep such
"hopeless" judgments, and check them once in a while. They
want to get paid even more than you do.)
Again, most of the time this is not a problem - you Assign your
judgment and the enforcement begins.
Once a Judgment Enforcer accepts your judgment, we
refer you to them. We step out of the picture.
You can choose to sign Agreements and Assignments
with the qualified Judgment Enforcer we recommended.
Then, the (often slow) enforcement process
begins. The rest of our FAQ
explains how things generally work.
The Judgment Enforcer wants to be paid even more than you do,
so they will enforce your judgment as fast as reality allows.
(Back or Home)
Q. I see the benefit of sending my judgment to your
company - but how do you control your Judgment
Enforcers to protect my judgment?
A: We do not control Judgment
Enforcer Professionals (JEPs).
Better than control - our business is based on
mutual respect, reputation,
communication, and cooperation with well-known JEPs.
Our knowledge of the JEP is a benefit to you.
We have an ongoing relationship with JEPs, and there is a built-in
financial incentive
for JEPs to be accountable for
financial matters concerning your judgment.
You are protected by the Agreements you sign with the JEP.
Anyone enforcing your judgment
has a fiduciary
responsibility to you - if and when money is recovered from
the debtor. We do not control JEPs - except
for the Referral Agreement they sign with us, our mutual
reputations, our long-term business relationships, and the guidelines
shown here.
Other benefits of sending your judgment to us - include we
keep every email and every document related to your
judgment. We also know the reputation of every JEP, agency, or
lawyer we refer judgments to, and
they have all signed our Agreement. This adds another layer
of accountability - and lessons the risk of assigning your judgment to
a Judgment Enforcer previously unknown to you.
(Back or Home)
Q. Can you enforce restitution judgments?
A: Yes - if you received a (California)
CR-110/JV-790 form (Order for Restitution and Abstract of Judgment)
from the court - then we can enforce a restitution order/judgment.
(Back or Home)
Q. Do judgments earn interest?
A: Yes. In California, a judgment earns 10 %
simple (non-compounded) interest per year.
Other states may have different interest rates.
Upon successful recovery of a judgment, you get an average of
50% of what we recover, often including interest.
Federal Judgments
usually have varying interest rates.
To check the interest earned on a judgment, click
here.
Of course interest earned is theoretical - until a
judgment is eventually Enforced.
(Back or Home)
Q. My business has multiple judgments against many debtors.
Do I have to
sign and notarize multiple copies of all the paperwork?
A: The law requires each individual judgment to have
its own separate (and notarized) Assignment form.
There is no way around that. As a consolation -
Judgment Enforcers have other Agreement forms
designed for this situation
- so one form can cover all your judgment debtors.
(Back or Home)
Q. In this modern age, Why must I mail you guys paperwork?
A: Because courts require original signatures.
If a court clerk suspects a document is a copy,
or has been altered - they will reject it.
(Back or Home)
Q. You told me my debtor is a "scammer" and uses
multiple Social Security numbers - why don't you threaten
to report them - to get the judgment paid?
A: In theory, using multiple Social Security Numbers (SSNs)
is technically illegal. But in reality - unless one
uses multiple SSNs to defraud the government - law
enforcement rarely does anything to people who use
multiple SSNs - or who commit perjury.
Also, making threats is illegal. One can't threaten
to alert the police or the IRS for the purpose of getting
a judgment paid. Maybe that's not fair - but that's the law.
(Back or Home)
Q: Instead of you enforcing my judgment,
can I or should I use an attorney?
A: Yes you can. However, an attorney will usually charge you
an hourly fee - with no
guarantee of any return of the money owed you.
Also, while many attorneys are skilled at winning
judgments, many are not familiar with effective post-judgment
strategies. We are not lawyers and do not give legal advice.
If you require legal advice, please seek a qualified attorney.
Judgment enforcement requires legal, investigative -
and many other skills.
We are not lawyers or a Private Investigators -
but in the (very narrow field) of both
finding assets and enforcing judgments -
our skills exceed those of many lawyers and
Private Investigators.
Should you hire a lawyer? In some cases - yes.
Sometimes hiring a lawyer is good idea
in a well-controlled situation where
the debtor's available assets are massive -
and you know exactly how
to enforce and satisfy your large judgment.
Also see the Question and Answer -
My Judgment is not Enforceable?
(Back or Home)
Q: I'm an attorney - can you work for, or with me,
to help me enforce a judgment for my client?
A: No, Judgment Enforcers can't "work for or with you",
for several reasons, including
all the data services they subscribe to do not allow them to resell or
disclose any private data. Another reason is
that we cannot offer legal service or advice to anyone,
because we are not lawyers.
You can refer judgments (singly or in bundles) to JudgmentBuy,
and if appropriate, keep your attorney liens intact.
We can also refer judgments to you.
We can help your client, and that is good for you.
(Back or Home)
Q: I have an Unlawful Detainer judgment -
Can you enforce that?
A: Yes - once it is final (the debtor has left the property) and you
have a judgment (for unpaid rent, damages, etc.) - then we can help.
Unlawful Detainer judgments often take longer to
enforce than most other judgments. This is because when the debtor
stopped paying you or was evicted - chances are
they were broke at that time.
It sometimes takes a few years for
the debtors to have assets - then we grab them.
Of course, we don't assume your debtor is poor - we always check -
and keep checking -
until we find and seize assets.
(Back or Home)
Q: I have a judgment from one state and my
debtor moved to another. Before I assign it to a Judgment Enforcer,
can they domesticate it for me?
A: Generally, a Judgment Enforcer (JE) can only
domesticate a judgment they already own.
Also, because it usually takes a lot of
time and money to domesticate a judgment - there
is no guarantee a JE will be willing
to pay for, or do this for you. Even JEs that
otherwise never charge you a dime to enforce your judgment sometimes
require you to pay one time for domesticating the judgment.
When the debtor has deep pockets and the judgment amount is large,
a JE is more likely to advance this expense.
When a debtor seems poor and/or the judgment amount is small,
a JE is less likely to advance this expense.
In all cases where your debtor absconds to another state,
you should get a Certified/Exemplified/Triple-sealed
copy of the judgment for the JE - from your local
Court. Doing this saves time, and increases the chances
your judgment will be enforced. Any court-issued receipt for doing this
should be saved, and sent to the JE. The cost may be
reimbursed later by the debtor when the judgment is collected.
Domesticating judgments is not as easy or cheap as it should be.
In addition to the filing
fee and the certification fees for the foreign judgment, there are
postage costs to mail notice to the debtor.
(In California):
To domesticate a judgment is a "new lawsuit".
The judgment must be valid (e.g. not expired), and one needs to
fill out both an "Application for Sister State Judgment"
and a "Notice of Entry of Sister State Judgment",
and serve notice of that to the debtor,
(and pay the court's more than $300 filing fee).
See our
Foreign Judgment Enforcement
article.
(Back or Home)
Q: You hit my bank account, and I then agreed to start paying you.
You promised not to hit my bank account again for 6 months, yet
you took all my money again just 1 month later -
why did you lie to me?
A: As we discussed - it's not our fault, we
did not cause this situation.
we are trustworthy. Someone (not us) made a mistake.
As we discussed -
in this situation, we called the Sheriff, and they confirmed
they only sent one levy order to the bank.
In this case, your bank made the mistake.
We are sorry this happened, and we will assist you
in any reasonable way we can -
but since we did not order the levy, we can't
do anything directly to fix it.
It's up to you to get your bank to undo
their mistake. This happens very rarely -
and we are sorry it happened to you. We guess this is yet
one more example of why it's better to voluntarily pay off a judgment.
(Back or Home)
Q: My lawyer said "What Judgment Enforcers, who are not
lawyers, are doing is violating
the debt collection act (both the Federal and California versions).
Purchasing judgments is a risky business. Only "pros" deal with this kind of
thing. Amateurs get burned. The pros utilize a small group of attorneys
that specialize in debt collection." What do you say to that?
A: We think your lawyer could be concerned about competition.
Yes, we are pros and we know the law. We know
about the (State and Federal) Rosenthal (California
Civil Codes 1788 - 1788.30 and 1812.xxx),
FDCPA (Fair Debt Collection Practices Act -
this
- and in more detail -
this
will open PDFs of that.),
and GLB Acts (U.S.C. § 1692, 6801-6809) and related laws.
Perhaps your attorney either
does not know much about professional Judgment Enforcers like us -
or is scared of losing the money you
would have paid him. Post judgment lawyers get paid by the hour -
We only get paid for success.
(And we do hire attorneys when necessary.)
(Back or Home)
Q: I understand it costs me nothing until
you enforce my judgment.
If you enforce my judgment, how much will it cost me?
A: It costs you absolutely nothing out of pocket.
On the contract Judgment Enforcers (JEs) send to you -
are words similar to:
"BUYER may retain, out of revenues collected,
sufficient funds to satisfy
enforcement-related expenses prior
to disbursement to either party."
This means the JE advances all
time and costs. If there
are additional court-related expenses,
the JE usually petitions the court to
add these costs to
the judgment debt.
If the JE does not collect - it costs you
nothing. Even if the JE loses money, you never get a bill.
As the (Assignee Of Record and Judgment Enforcer),
the JE keeps (e.g.) 50 percent
of the net amount they collect from
the judgment debtor - the balance (50 percent) - goes to you.
Six examples (your specific judgment situation will be different):
Example 1: Judgment debtor owes $5,000 on Judgment date 1-1-2007.
A year later the debtor owes
$5,500 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $200
to collect $5,900 sometime later. You get 50% of $5,700 ($5,900 gross - $200 costs),
meaning you get $2,850 in this example.
Example 2: Judgment debtor owes $5,000 on Judgment date 1-1-2004.
3 years later the debtor owes
$6,500 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $300
to collect $7,000 sometime later. You get 50% of $6,700
($7,000 gross - $300 costs),
meaning you get $3,350 in this example.
Example 3: Judgment debtor owes $100,000 on Judgment date 1-1-2003.
5 years later the debtor owes
$150,000 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $1,500
to collect $147,000 sometime later. You get 50% of
$145,500 ($147,000 gross - $1,500 costs),
meaning you get $72,750 in this example.
Example 4: Judgment debtor owes $100,000 on Judgment date 1-1-2002.
7 years later the debtor owes
$170,000 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $2,500
to collect $179,000 sometime later. You get 50% of
$176,500 ($179,000 gross - $2,500 costs),
meaning you get $88,250 in this example.
Example 5: Judgment debtor owes $100,000 on Judgment date 1-1-2002.
7 years later the debtor owes
$170,000 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $1,000
to collect $8,000 sometime later.
(Only $8,000 because (e.g.) the Debtor successfully
went bankrupt, or died poor, or
became permanently and terminally poor.) You get 50% of
$7,000 ($8,000 gross - $1,000 costs),
meaning you get $3,500 in this example.
Example 6: Judgment debtor owes $20,000 on Judgment date 1-1-2008.
1 years later the debtor owes
$22,000 with the
10% interest. You assigned your judgment to the JE, and it costs the JE $10.44
(just postage and the Satisfaction Of Judgment fee)
to collect $22,500 just a few weeks later.
(Because the debtor was rich and smart). Since this Enforcement was
very easy, we may chose to reduce our fee to 30%.
You get 70% of
$22,489.56 ($22,500 gross - $10.44 costs),
meaning you get $15,742 in this example.
(Back or Home)
Q: My debtor did not go bankrupt, so why do I have to wait 91
days to get my money?
Q: I have a problem with your Agreement contract - you
get to keep the money for 95 days after you receive it?
A: We usually do not wait 95 days to send you your money.
The 95 days is the maximum of the:
90 day bankruptcy give-back rule;
plus 1 day for notice of that;
plus up to 4 days for first class
mail for our check to reach you.
This is a maximum - and not our
standard business practice. Bankruptcies are on the rise - so
we are cautious.
That maximum time of 95 days protects us - but we don't always
need that protection.
When we are confident the debtor won't or can't go
bankrupt - or when payment is made by a trusted source -
we pay you quickly, well within 30 days of cashing the check -
usually 15 days
after the check clears.
Also, while the person/company you sued - may have
been doing well when
you sued them - or be doing well so far - there is no guarantee of
available assets - and/or them avoiding bankruptcy - in the future.
(Back or Home)
Q. Will you take my Judgment? Q. I have a $500 judgment. Is there a minimum amount you require?
A: Every Judgment Enforcer (JE) has their own policies - and
every judgment is unique. In general
we accept and list most civil and small claims judgments - nationwide.
It depends on the debtor's
situation, and the dollar amount of the judgment. It also
depends on the quirky laws of some counties and states.
E.g., in Missouri, a small claims judgment less than $3,000
cannot be assigned to a JE. In Johnson County Iowa,
the courts do not like JEs.
In the case of a "tiny" $500 judgment -
if the debtor has available assets showing -
we might list your $500 judgment. Note that it may
take a long time to enforce tiny (and huge) judgments.
It might take a long time to find a JE
willing to take a tiny judgment.
Note that small judgments must be simple to be
enforceable. An example of this - would be
a $500 judgment that was partially
paid off, and was then determined non-dischargeable in
bankruptcy with a complex trail of expenses and
credits. Such a judgment
is too complex to be interesting to a JE - for the tiny
amount involved. One way to fix this is to renew the judgment.
When the debtor has available assets - judgments can be enforced.
We don't take every judgment.
We look at every situation -
and accept and list (most) judgments we feel
somewhat confident can be
enforced over time.
When the debtor is really hopeless, the judgment is hopeless.
Reasons for 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.
It makes no sense to list a really hopeless judgment
(especially when the judgment is small)
on our site. We try to keep our
judgment descriptions as accurate as possible.
When there is reasonable hope over time - we list judgments.
If we discover a really hopeless judgment -
we take it off our web site.
Note that if your judgment has been rejected by several Judgment
Enforcers already - please tell us - and 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
we can't enforce are "mixed money" judgments.
An example of this is - 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 we can't
help. We can only enforce "one way" judgments - with a specific dollar
amount owed by one entity to another - usually
the defendant to the plaintiff.
While we do list child, marital, and spouse support
judgments, most Judgment Enforcers avoid those.
In general lawyers enforce these kind of judgments, and
can refer you to the right lawyer.
Recent changes in the laws have opened the door for
non-lawyers to enforce family court judgments. 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.)
Another judgment we 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 1-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.
Another thing we cannot enforce is a court order - as a
order is not yet a final judgment. As an 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. Or the debtor defaults on a stipulation -
sometimes more action is needed to make it a final judgment.
Finally, generally we cannot enforce a judgment discharged (made useless)
by a debtor successfully going bankrupt.
Also see the Question and Answer (with a link to where to
find a Lawyer) -
My Judgment is not enforceable?
(Back or Home)
Q. What is needed to evaluate my judgment?
A: What we need is: A copy of the actual judgment -
and the debtor's name (and any other helpful information
you have on the debtor) -
and the court case number. If you have it, please also
send us a copy of the Proof Of Service.
We will check out the situation - and
get back to you quickly.
What we don't need is a long
story with full detail on the history
of everything before the judgment was finalized.
Please limit the information
you provide to what is helpful for enforcement.
If we can help, we will use our database and
custom software to match your judgment, with the
right Judgment Enforcer (JE) for your debtor.
Note that while copies of
Abstracts Of Judgment, writs, or other court documents,
are things
we would like to have a copy of -
They are not the same as the judgment.
We need a copy of the actual judgment.
And if the judgment was renewed - we need a copy of
the original judgment - and the renewal form showing
the (possibly) new case number and renewal date.
Also useful is the name, mailing address, and phone
number of the court your judgment was awarded at.
We need all of the above, to find an appropriate
JE for your judgment. (Based on location, and
other factors). This is a benefit to
you - because you only have to provide the information once. We
keep it, and share it with one JE we think is
best for your judgment.
If our first pick JE does not
want your judgment, we contact another -
without asking you for information
again. Rinse, Lather, Repeat. (We repeat as necessary.)
This can take some time if your judgment is a challenge.
In some cases we may not find a JE for your
judgment, and we will let you know if that is the case.
Best to be patient if you can.
We share your judgment situation with a qualified
Judgment Enforcer local to your
debtor - which
increases the chances of getting money back from your debtor.
When you send us your judgment, we put it in our database,
and a summary of it on our web site - then we contact the right
JE to enforce it. You don't
sign anything with us.
When we find a matching
(qualified) JE - we introduce you to you by (usually) email
you sign their paperwork. There is never a cost to you.
You are never obligated until you agree to choose our
recommended JE - and sign, notarize, and return their paperwork.
(Back or Home)
Q. What forms will Judgment Enforcers send me?
A: The forms a Judgment Enforcer sends to you are, in most
states:
1) An "Agreement To Purchase Judgment" contract.
2) An "Assignment Of Judgment" form -
that you need to get notarized.
All is explained
in a cover letter - and all
is easy to read. (No fine print.)
Everything is filled in - just sign, notarize, and mail.
They sometimes provide a stamped and addressed return envelope
and their business card. (If you wish to get these documents
faster,
they can email you a PDF of these, which you will have to print out.)
Can we send you a sample? No, because every Judgment Enforcer
has their own set of paperwork tailored to the judgment, and
the State they debtor is located.
(Back or Home)
Q. Am I obligated when I send you a judgment?
A: No. When we list your judgment in
California or
Nationally
-
you are still not obligated. While it makes no sense -
you could keep looking for a Judgment Enforcer.
You become obligated after these 3 things happen:
1) Our referred and recommended Judgment Enforcer
sends you their paperwork.
2) You sign their paperwork, and get the Assignment papers notarized.
3) You mail all paperwork back to the Judgment Enforcer.
Also see the Question and Answer -
Will you Spam me?
Anything done before and
after reviewing and buying your judgment,
is at no out-of-pocket cost to you.
(Back or Home)
Q. You told me that you could not enforce my judgment
because it was not
enforceable as is - even though my debtor is rich.
How can I clean up my judgment so you can enforce it?
A:
There are some judgments that cannot be enforced (as they are now).
One
example is if the debtor gave
you a fake name - and you sued an imaginary person.
Another is when
you must return property before the debtor
owes you money.
Another is when you did not sue the correct entity.
In situations like these -
these judgments can't be enforced as they are.
Perhaps you need to clean up
the judgment to make it a simple
money judgment. Perhaps you would return
the property to
the debtor - and then request the court to amend the judgment.
Or maybe your judgment is not final - it's in Appeals Court.
We are not lawyers - and
you might want to contact a lawyer.
A great place to find a lawyer to talk
with for half an hour about your case
(for a very reasonable fee) - is the
California State Bar. (Other States have their own
State Bars.)
Also see the Question and Answer -
My Judgment
can be Discharged in Bankruptcy?
(Back or Home)
Q: I thought my judgment was an order for the debtor
to pay me? Isn't
the debtor breaking a law by not paying me?
A: To owe money is not against the
law.
Debtor's prisons were done away with at least 100 years ago.
Even frauds, perjurers, rip-off-artists, and
embezzlers rarely go to jail.
And if your
debtor were in jail,
it would be more difficult for them to pay.
The laws
don't address how, or if - Judgment Creditors will ever be paid.
And of course - the debtor has to be
(opens a new window with a cartoon):
Served!
(Back or Home)
Q. I can collect it myself - so why turn my judgment over to you?
A: Yes, perhaps you could enforce your own judgment.
You may have to spend many hours learning how -
and spend a lot of
money too. Also - have you recovered a dime yet?
Enforcing judgments is not easy.
If it was easy, you would have already collected, right?
You can fix your own pipes - but
most of us hire plumbers.
(Also, if enforcement is done wrong - a
debtor might have grounds to sue you.
You might even lose your judgment - and worse yet,
owe the debtor money.)
You can collect your own judgment - but most people have
much better results letting a pro
enforce the judgment. We do it every day -
and know how to get results.
Of course you can attempt to enforce
your own judgment. Contact
us if it does not work out.
If you can legally enforce it yourself
(following the Rosenthal, CCPs, GLB, and
the FDCPA laws) - congratulations!
See our
How to Collect a Judgment article, and our
California Judgment Enforcement article.
(Back or Home)
Q. Should I contact the debtor
and let them know you own the judgment?
A: No, we handle all communications with "your" debtor.
we put our name and phone number on all
communications to the debtor, and on all legal papers.
You sold your judgment -
so you should not contact the debtor -
at least not about this judgment.
You don't have to
contact the debtor again -
and they have no legal reason to contact you (about this
particular judgment) again.
(Back or Home)
Q. I don't care about the money - you can keep it.
I just want you to make my
debtor miserable!
A: We only enforce money judgments for the purpose
of recovering money. We do not harass anyone. With us, It's strictly
friendly business. As a consolation - if the debtor does not
start paying us soon, they will have more hassles - and
expenses to pay.
(Back or Home)
Q. I'm not the debtor, so why did you send me that letter?
A: Why did this happen?
The correct debtor had the same name as you - and
lived in the same city as you.
The real debtor might be somewhat of a
scammer (hides their SS number, etc.) and
data searches turned up you, not them.
That's why we started by sending
you a letter, to give you 30 days
to tell us you are not the debtor.
As you know, after discussing this with you,
we completely took
care of this situation. We shredded all personal information
we may have gathered on you, and undid
any legal actions we might have taken.
Nothing we did is on your credit report.
This won't happen again. We printed your
information - and then erased your
information from our computers.
Also - we taped a printed copy of your information
on the file folder
of the correct debtor - meaning we will never again confuse
you with them again.
About half
the people who tell us they are not
the debtor are lying. That's why we need
a day or two, to check to insure you
were telling the truth, and you were.
A big contributor to this problem/situation
is that State courts do not ask for IDs when people enter
the courtroom. Courts don't put
social security numbers, ages - or anything else - on
judgments - except the name supplied by
the Plaintiff. (If you sue someone, try and find out
what their real name, age, and AKAs are first.)
(Back or Home)
Q. How hard do Judgment Enforcers try?
A: We try hard. We
start out treating everyone with respect and
cooperate fully with debtors
who want to work with us.
We are patient until we find the debtor's assets.
After we find the debtors assets, we are very quick
and usually successful.
Do we work fast? When the situation requires it, very.
In the judgment enforcement world, patience is a virtue.
We accept that debtors usually ignore our letter and
all notices, and then complain
when we eventually grab their assets.
We accept that some laws seem to favor debtors.
We accept that courts and Sheriffs (and other entities,
such as employers or the Post Office)
will sometimes be amazingly slow in doing what
the law says they must. (Some courts take 6 months
to stamp and return simple documents.)
(Back or Home)
Q. Are you experienced? And how did you get into this business?
Every Judgment Enforcer's story is unique. Some
started being a police officer, some started by
being a private eye, or a lawyer or a paralegal.
Others were defrauded and had to learn how to
enforce their own judgments, and learned enough
to enforce other judgments.
Every Judgment Enforcer knows that
it is just not right to have to spend even more money on
lawyers - after you pay (an arm and a leg) - and work
- to get a judgment.
It is just not right that more than 80% of judgments are
never paid.
When someone becomes a Judgment Enforcer, they
change gears and start
(and never will stop) studying many
legal books and thick post-judgment recovery legal
reference books (e.g., several Rutter Practice Guides).
They purchase and study carefully - several judgment recovery courses.
They join judgment enforcement organizations.
They go to court thousands of times.
They continue to
read and study daily - as laws change all the time.
They constantly attend training
webinars and seminars on subjects related to judgment enforcement.
(Back or Home)
Q. I have a judgment overseas, or my debtor is overseas, or not
in US dollars, can you help?
A: Yes. Because we are a listing and matching service,
we can help you find a Judgment Enforcer anywhere.
Because we are a Judgment Brokering and Referral service we
are not limited in what we can do. As an example, we have not
yet found a Judgment Enforcer in Timbuktu. However nothing
stops us from trying - if that's where your debtor is.
First there is an idea, then there is an opportunity, then
focused positive action
can result - that's how we work.
We can list any judgment from anywhere,
however it may
take us longer to find the right enforcer. And we do that for free.
If the judgment is not in English, you should provide a
certified translation of the judgment to English.
If your judgment debtor has moved back to the States - you
can hire a
lawyer
to domesticate the judgment to the US - where
the debtor lives - see the link
here.
(Back or Home)
Q. I have a guy that owes me money, can you help me collect?
Q. At what point will you distribute collected monies to me?
As the debtor is made to pay, or when you have fully collected?
A: On judgments where we have convinced the debtor to pay, e.g.,
$100 a month -
or when we grab just a small part of what they owe -
we let the balance accrue.
We can cut you a check for some of it - if you request.
Or you can check with us anytime to ask us "how it's going".
(Once every 3 months is
better than once a week.)
And when the debtor finally pays the entire judgment off -
then we pay you your share - in one lump sum. It's much simpler that way.
If the debtor stretches out payments -
or we have to keep grabbing small chunks of their assets -
it might take a very long time before they pay
off the judgment in full - but we are
earning interest over that time. Eventually,
we usually find assets and enforce the judgment in full.
(Back or Home)
Q. Am I entitled to discuss strategies for collecting?
A:
Your ideas and suggestions are always very welcome.
Please continue to share any new information you discover.
Your information
could speed things up a lot.
No matter how useful the information is -
it is up to us alone - to execute
enforcement. The judgment is now our property
- that's the way the
law allows us enforce
a judgment that did not originally belong to us.
(Back or Home)
Q. Do you provide progress updates?
A: Only when major events happen - or if you ask us.
If we grab a big chunk of money - we will let you know.
If the debtor goes BK or dies - we will let you know.
Things usually move slowly due to laws, and the economy.
Anytime we cash a check from grabbing a big chunk
of assets - we let you know.
You can ask us any time.
(Back or Home)
Q. My debtor called me, and said you took money from
their bank account
(and/or) wages - why didn't you tell me?
A: We would have told you soon. There is a long delay between when the
Sheriff takes assets - and when we get a check.
When we cash a big check from
the Sheriff or the debtor (and it clears) - we let you know.
The debtor made a harmless error
by contacting you - they should have contacted us.
(Back or Home)
Q. You told me you got a first check from the debtor
by finding his job, why
didn't you email me each time you got a check?
A: No news is good news in this case.
We are carefully tracking what money comes in - but
there is always a chance of something going wrong (including but not
limited to) bankruptcy or
the debtor losing their job.
So, while we usually tell you when we start getting money - we don't
email you at every step.
Usually, later - we email you that we are sending you a big check.
(Back or Home)
Q. How do I know you will pick a qualified Judgment Enforcer?
A: We pick Judgment Enforcers (JE) that we know, that have a track record,
that belong to organizations, that we see at training seminars,
and that we've known of for years. You don't have to sign papers
with any JE - but the one we pick is going to
be a good one - matched to your judgment. And we, Finders, and
JEs -
don't get paid unless you get paid. This means we have
every incentive to find the right JE for your judgment.
Some people are concerned about a potential perceived (almost imaginary)
risk (of the Judgment Enforcer
not paying the OJC after getting money) of assigning their
judgment to an unknown (to you) JE.
With our unique system, the JE (upon
a successful recovery) owes both you and us. When we get paid,
we owe the Finder money. Also, most JEs we connect with refer judgments
to us, which means we will owe them money too.
These extra financial links means
there is much less risk of our JE not doing the right thing.
Because we have researched
JEs for years, and we track every judgment result
with them, using us reduces any potential real or imagined
financial risks.
If a JE should ever be less than
the highest quality - we don't use them again.
You are protected by
the agreements signed by you and the JE.
We are protected by the agreement the JE signed with us.
Everyone is crystal clear who
gets paid (you) if and when your judgment is enforced.
(Back or Home)
Q. My debtor called me, he
wants to settle by paying me, are you ok with that?
A: The debtor made a mistake. And if you take the
debtor's money, you will have
made a mistake. The letter we sent to the debtor
clearly explained the law - that they could only
pay off this judgment by
paying us - the Assignee Of Record.
(Also, you and the JE have a contract.)
Please do not accept money from the debtor.
If you do - you must let the Judgment Enforcer know.
The judgment cannot be satisfied unless they are paid their share.
This mistake is very easy to fix if caught
early - and fixed it must be.
(Back or Home)
Q. Who decides whether to settle for a lesser
amount than the full judgment value?
A:
We do. Like you, we want to get as
much as we possibly can from the debtor.
We usually (sometimes eventually) get the full value - or
close to the full value of the judgment.
Although we are not legally required to do so -
as a courtesy - most Judgment Enforcers will let you know
if the debtor attempts to settle.
(Note - often a debtor's first offer to
settle is not genuine.)
(Back or Home)
Q. If you hire or pay or cooperate with someone to enforce my
judgment, will it change how much I get?
A:
No - because the Judgment Enforcer you engaged
is an Assignee Of Record.
Any expenses a Judgment Enforcer incurs,
or agreements and assignments they might make -
do not (and can not)
affect the original agreement and contract with you - the Original
Judgment Creditor. With the referral system of JudgmentBuy,
the amount you get usually increases. (See our
Coop article.)
(Back or Home)
Q. I assigned my judgment to someone years ago.
Now their web site is
gone, and their phone and email does not work. I can't find them.
Can you help me get this back in my
name, so I can assign it to you?
A:
First - check with your local court.
If that "someone" did not file the Assignment with the court -
then they are not the Assignee Of Record - and we are good to go.
If they did file the Assignment with the court,
you need to file (and have the
court approve) a "Acknowledgment of a Resumption
of Rights as Judgment Creditor". It's not a form -
it is a pleading/declaration.
We can't help
you prepare or file this - as we are not lawyers and
cannot work on your behalf. Once the judgment belongs to
you again - you can assign it to someone to enforce
- may we suggest JudgmentBuy to find the right one?
If you can find the old Judgment Enforcer - and
they still refuse to assign it back - you could try and sue them for the
return of the Assignment.
A lawyer or paralegal can help you with this situation.
Also see the Question and Answer -
My Judgment is not Enforceable? (Which has
a link to the California State Bar.)
We will not voluntarily
disappear - unless we stop breathing.
And if we stop breathing - the contract between
us specifies your judgment goes back to you automatically.
(Back or Home)
Q. The last Judgment Enforcement company I used was a fraud.
They took
my judgment and did absolutely nothing.
When I wanted it back, they charged me an outrageous fee.
They were crooks, how do I know you are not a crook
and going to do the same to me?
A: We are sorry to hear this. There are too many frauds in this
world.
Law enforcement does not seem to do much about average rip-offs
and frauds, unless guns or drugs were involved.
When picking a Judgment Enforcer, make sure they at least belong
to some professional judgment
organizations.
We are the opposite of frauds.
First, we will explain our standard business practice of
how much we will charge you. If we can't enforce your judgment and
you and we both agree for us to assign it back to you.
The answer is always
our court-related costs. As an example - a judgment that
we spent a total of $130 on
enforcement or assignment actions.
The $130 can be (or already has been) approved by the court, which
is then added to the
debtor's debt. You would pay us
exactly $130 to get the judgment back into your name.
Note that we do not have to
assign the judgment back to you. It is up to us - and in cases
(including but not limited to)
when we have
an ongoing payment method in progress, or it has
been less than a year, we would
most likely not assign the judgment back to you. We are reasonable and
it is up to us alone. This is the legal position
we must constantly maintain. We are the owner of the
judgment.
We are not obligated to assign it back to you unless we want to.
(Mark Shapiro answers)
Now, about frauds, frauds got me started in this
business. For that I thank them.
I (and everyone who has met or done business with me)
knows that I am not a fraud.
Also see the Question and Answer -
Why should I trust you or a Judgment Enforcer?
(Back or Home)
Q. Why should I trust you or a Judgment Enforcer?
A:
A few answers: One answer is everything we do
(including Motions and Orders) to take
money from the debtor becomes a
public record. This means you can see our money-related actions at
your local courthouse or
court's web site.
When we find an asset and attempt to grab it -
we first get
approval from the court to do so - and that is
recorded at the court - available
for you to inspect or copy.
When we get the debtor's money - that too
is recorded with the court.
When we finally get the full amount of money
owed by the debtor -
we file a Satisfaction of Judgment with the court.
All of our actions involving
getting money from the debtor becomes a public record.
No money can be hidden from you.
Another answer is to do a "whois" on
JudgmentBuy.com - we do not hide behind a
"Domains By Proxy" company.
Yet another answer is to look up
any web search site like Yahoo or
Google for our (unpaid listings) name and our domains.
No matter what
words you add to a search -
you won't find anything negative about us.
Try putting any Judgment Enforcer's name in the search box too:
Look at any court or court's web site
(E.g. - the court closest to us - the
Santa Clara County
court's web site)
and
search for Mark Shapiro -
I'm always the Plaintiff or the Assignee, never
the defendant or debtor.
About Mark - I'm easy to verify, and to find online.
Almost everyone in the judgment enforcement business knows me.
I multitask very well.
I have
a lawyer relative in the family who gives me great advice.
I meditate an hour a day, have a high credit score, listen to
Len Tillem and Bill Handle when I can.
I also agree with the ethics, and am a assistant moderator at
the
National Judgment Network. I am a member of
the
California
Association Of Judgment Professionals,
and other professional organizations. Also, my
long time history in
Silicon Valley shows I'm both a "good" guy and a GoGuy -
not a fake or a flake.
Also, for 9 years in a row (and counting)
I have consistently maintained (in good standing)
a California C Corporation - GoGuys, Inc. (CA Corp # 2276622) -
and a San Jose business license (# 157270402 and 4013812210).
You can check out any Judgment Enforcer with similar
reality checks. There are very few bad apples in the
judgment recovery business.
If a Judgment Enforcer burns you, they also burn us, and the
person who referred your judgment to us. They could
be sued by you or us. Also the reputation they worked for so many years
to earn, would be instantly lost. And they would be banned
from the JudgmentBuy database and referral network.
Using JudgmentBuy
vastly reduces the already tiny chance of running into a "bad apple"
Judgment Enforcer.
(Back or Home)
Q. There are a lot of Judgment Enforcers, why should I pick you?
A: Because JudgmentBuy.com custom matches
the right Judgment Enforcer for your judgment.
In general, and some of the ways we pick Judgment Enforcers are:
How quickly and helpfully they answer their phone and email.
How knowledgeable they are.
How useful their web site is.
Their memberships in judgment-related organizations.
Q. You can look up my case on the court's web site - so
why do you need a copy of my judgment?
A: Court web sites are not 100% reliable. They are
usually reliable - but dates and amounts on court
web site are not guaranteed accurate. That is why
Judgment Enforcers, and the courts, need an actual copy of the judgment.
If your court lets you download a PDF of the
judgment - please do that for us, and send us the PDF.
If you don't have a copy of your judgment, the court
will make a copy for you for a very nominal charge.
(Back or Home)
Q. Your web site explains how it works when you enforce
judgments. Do all Judgment Enforcers work the way you suggest on your
web site?
A:
Our web site tells you (generally) what to expect
when judgments are enforced.
We are unique because we work carefully
to refer you to a qualified Judgment Enforcer,
to increase the chances of recovering money from your debtor.
Every judgment and every Judgment Enforcer is different.
All Judgment Enforcers do things a bit differently,
however, all professional and experienced Judgment
Enforcers follow the same
general steps to legally enforce a judgment.
We put detailed information on our FAQ
to help people make better decisions about selling judgments.
(Back or Home)
Q. I want to sue someone. Should I sue them with just my name,
or should I add my
spouse and kids as plaintiffs?
A: We are not lawyers. Our opinion (which is not legal advice)
is there is no benefit to having more than one plaintiff.
It just means more expense and
hassle as all plaintiffs need to sign papers, etc.
If it were us, we'd sue with
our name only, and perhaps have others come in as witnesses.
It is a good idea to make
sure all defendants are named - their companies,
AKAs, etc. - as this will mean there are
more people and entities to go after - when it's time to collect.
Also try and find out how old the debtors are - where they
live, their phone numbers, and their AKAs - before suing them - that
will help the process server - and me the Judgment Enforcer.
This is our opinion only - we are not lawyers.
Also see the Question and Answer - at:
What about Default Judgments?
Lastly for some reason, we are often asked - "should I sue someone?".
We are not lawyers - only you can answer the question -
am I throwing good money after bad? But if you don't sue
them, most likely they will never be made to pay you.
See our
Getting Paid
and our
Representing yourself in Small Claims Court
articles.
Q. I need to monitor your progress to make sure you are
working on my judgment. How can I keep track of what you are doing?
A: We must remind you that you did not hire us. We do not work for you.
We bought a judgment on a Future-Pay basis from you.
We can't discuss every detail or
provide continuous updates.
In judgment enforcement - things usually move slowly.
No matter how you check - we recommend checking much less often
than once a month.
You can email us once in a while - but perhaps the best
source of information is the same court where
you won your judgment. Everything we
do that involves actions,
recordings, and getting money from the debtor - is recorded there.
(Back or Home)
Q. Can you track someone down for me?
A: Not unless we are enforcing a judgment.
We can only track down people when we are the Assignee Of Record on
a judgment against them. We are not licensed Private Investigators,
so we can't share our results
with anyone.
(Back or Home)
Q. What if my debtor already went bankrupt,
can you still enforce my judgment?
A: If you were sent a Proof Of Claim form and you
did nothing with it - then
sorry - nothing can be done. If it was a "no asset" bankruptcy -
again sorry - nothing can be done.
If the debtor went bankrupt, and had (has)
lots of assets, and did not list you as
a creditor - then there is a chance of enforcing the judgment.
(Back or Home)
Q. What if my debtor goes bankrupt while
you are enforcing my judgment?
A: We always let you know if the debtor files for bankruptcy.
We are not lawyers - but we know that filing
bankruptcy means no creditor or
Enforcer can do anything without first
getting the permission of the bankruptcy court.
If the debtor is really poor -
we give up as nothing can be done.
If the debtor's bankruptcy attempt
is successful - it's over. (If you request, we will
return the now worthless judgment
back to you.)
If the debtor has assets - we file a creditor's claim
(which means we may eventually collect something.)
If the debtor has
lots of assets or is a fraud (and the judgment
is big) - we may decide to attempt in court
to get money on the judgment. (This is not easy or cheap.)
We always consider bankruptcy when enforcing judgments.
Especially if a debtor communicates
with us - we do not push them into bankruptcy.
Once in a while forcing a debtor to file for Bankruptcy both
makes sense and is a last resort.
(Back or Home)
Q. What if my debtor dies while you are enforcing my judgment?
A:
This is not good for anyone. If the debtor dies - we let you know.
We usually get notice from the lawyer handling the probate or estate.
We attempt to collect from the estate of the debtor - but
that does not always result in money.
Sometimes a compromise settlement is reached.
If your debtor already died
(before you contact me about your judgment)
we can't help as we are not lawyers - and can't work on
your behalf. Perhaps you could file a creditor's claim
and contact an attorney.
Also see the Question and Answer -
(with a link to find an attorney) at:
My Judgment is not enforceable?
(Back or Home)
Q. I turned my judgment over to another judgment enforcement company
a year ago, they have done nothing, can I assign it to you?
A: Yes. Perhaps the reason "they have done nothing" is the
debtor has nothing.
To have us attempt to Enforce it -
you have to have the other Judgment Enforcer assign
the judgment back to you. After that is done -
you can assign it to us.
This reminds us of changing lines at a busy bank -
your line does not move,
so you move to a quicker-moving line. Once there,
the line you were in - moves
quickly.
When debtors have no assets showing - we wait, plan, and
research.
We keep checking debtors
until we find and seize their assets.
About Judgment Enforcers that are really good -
compared to those that "do nothing":
It all depends on the debtor. If the debtor is 25, and has a house(s)
with no debt, expensive
car(s) with no liens, several bank accounts with lots of
money in them, and a great
job - we will appear to be the best Judgment Enforcers on Earth.
If the debtor is 81, and lives
in a homeless shelter, and owns nothing -
we will likely be a "do nothing"
kind of Judgment Enforcer.
(Back or Home)
Q. How long does it take you to enforce a judgment?
A: That depends on the debtor. No matter how good a
Judgment Enforcer (JE) is -
a broke or scoundrel debtor may be judgment-proof for now.
And because we follow all laws, there
are many legally-required delays (and expenses).
The quickest we've ever enforced
a judgment is 12 days, the average time is
about 19 months. The longest time
has been about 12 years (so far), and some will
take longer than that -
and some will never be enforced. We only get paid for
success - so you know
we are doing our best to enforce the judgment quick - and JEs
keep tracking the debtor - no
matter how long it takes.
(Back or Home)
Q. Why did it cost so much to enforce my judgment?
A: Enforcing judgments is sometimes complex and expensive.
We try to both minimize costs - and to get the debtor
to pay all costs. When the situation is difficult - costs can go up.
Sometimes court and enforcement-related
expenses (all very carefully tracked and counted)
might cut into the profit for you and us.
We do our best to minimize all costs -
but laws are not designed to make judgment enforcement cheap or easy.
(In most cases this is not a problem -
as either costs are modest - and/or the debtor pays them.)
(Back or Home)
Q. Why did you not answer my list of questions I emailed you?
A: Are you a professional shopper? In your case,
you had about 20 questions
all requiring a lot of research and very long answers.
We don't have time to answer
"copy and pasted" lists of complex "homework" questions.
judgment pros share stories about
people who email every Judgment Enforcer they can find,
the exact same "canned" lengthy question list.
We answer serious
people with complex questions very quickly.
(Back or Home)
Q. What is your grading system for judgments?
A:
Class A Judgment: We know where all of the available assets are,
the debtor is not bankrupt,
not in jail, and has a steady income. Proof of Service was
good, debtor showed up in court.
Grade B Judgment: We know where some of the assets are.
The debtor is not in jail, bankrupt, or
on welfare, or appear to be unemployed. Proof
of Service was good.
Grade C Judgment: Don't have a clue where assets are,
but debtor is not bankrupt or
in jail. Debtor appears to not be unemployed.
judgment debtor may own a business or is employable.
Grade D Judgment: Judgment debtor is unemployed,
no assets, doesn't have any property, and
has filed for bankruptcy, or is in jail.
Doesn't have a business, or
lives on welfare.
Grade F Judgment:
Judgment debtor cannot be found, successfully avoided the judgment
via going bankrupt, died poor, or is very sick, etc.
(Back or Home)
Q: I sent you my paperwork weeks (or months) ago - why haven't you
gotten money from the debtor yet?
A: We found the right Judgment Enforcer Professional
(JEP) to go after your debtor. The JEP
received your notarized documents and filed them with the court.
Then the JEP starts working
to recover your money.
The JEP (usually) sent notice to the debtor - which by law
gives the debtor 30 days to contest the validity of the debt.
Then the JEP start to look for and seize available assets - that's
usually the more difficult and time-consuming part
of enforcement.
After assets are found - courts and Sheriffs
are not always quick -
and the law gives debtors chances to cause delays.
Enforcement is not easy - though most often -
the JEP eventually gets the debtor's money for you.
It sometimes takes months or years to get the
cash from an enforcement.
JEPs search for available assets. If the debtor has lots of
assets showing - enforcement goes much quicker.
If the debtor is poor or hiding assets, it can
take many years.
The JEP is enforcing this
judgment as fast as the (economy, situation, and law) allows -
and they want to enforce it as much (or more) than you do.
Also, the economy is worse than ever - and many
debtors do not have jobs or bank accounts at this time.
If and when they get assets - the JEP will start enforcing
the judgment against them.
What if the JEP is stuck - and can't find any assets of the debtor?
There are two answers:
When the debtor is poor and has no available assets -
the JEP puts the judgment back into the file drawer -
and re-checks the debtor every 3-12 months to see if they
have assets. When the debtor gets assets - the JEP grabs them.
If not sooner - then later. We only get paid when you get paid.
When the debtor has assets,
but the JEP will not or can not get them - we can find
you another JEP that can recover your money.
We can repeat this step
until your judgment is enforced.
(Back or Home)
Q: You told me you found out where my debtor
was working a month ago, why have you
not updated me or sent me a check yet?
A: A month is a long time for most things -
but in judgment enforcement -
a month is nothing. We are still waiting for the
Sheriff's report - was the
levy successful? We don't update you monthly with news
like "still waiting for...".
We update you when the money actually comes in. Also,
we usually don't tell you we got your paperwork - until
the Court has endorsed it. Once in a while courts
bounce paperwork for no valid reason, and once in a while
(about 1 out 100 times) we must re-send you paperwork again.
(We count chickens when they hatch.)
(Back or Home)
Q: The debtor's middle name is X, but on the agreement form,
you have his middle name
listed as Y - should that be corrected first?
A: We have access to many databases - and the ones we used
so far, show his middle name as Y.
We want to make our agreement form as accurate as possible. We may
find and add even more names for the debtor over time.
What matters is we have identified the debtor by the case number and
information we have gathered so far. On the separate assignment form -
the middle name is not there -
as we must use the exact name you used - when you first sued the debtor.
(Back or Home)
Q: There's no mention of the annual interest on the
Agreement - why is that?
A:
The Agreement form is designed to match the court-filed
Assignment Of Judgment.
There is no need to mention interest - because interest is part of the
"rights and title" of
owning a judgment. In a Judgment Enforcer's agreement with you,
they pay you (e.g.) 50% of what they get from the
debtor - principle and interest.
You get (e.g.) 50% of what they net from getting (taking) the
assets of the debtor.
The enforcer attempt to collect the full value -
including all costs and interest due - that is
our goal - but it depends on the situation and the debtor.
(Some Judgment Enforcers keep all the interest.)
Also - if you have previously renewed the judgment - you
will notice the Assignment form only mentions the original
judgment amount. This is what the court clerks require.
This is to match the original judgment at the court.
It does not change what the debtor owes.
(Back or Home)
Q: On the forms, there's no mention of the money I already
spent trying to enforce this judgment - why is that?
A:
The Assignment Of Judgment form is designed to match what
curt clerks expect.
Mentioning the costs you already spent is something that (for some reason)
courts usually don't like to see on this form.
If you spent money,
and filed the right forms with the court to record that - what you
spent will be added to the debtor's judgment debt -
and we will try and enforce all of what the debtor owes.
(Back or Home)
Q. I have a judgment (10K) against an LLC. You told me
it might take years for you to enforce, if at all.
Other enforcement companies say they can enforce
this really quickly. Why would it take you so long?
Q. Other Judgment Enforcers are a lot more optimistic than you.
Why do you find and point out the problems with my judgment?
A: Our goal is to under-promise,
and over-deliver. Some other people
(or companies or web sites) might
appear to be way too
optimistic, to try to get
your judgment, even if it's not an accurate assessment of the situation.
The LLC judgment you showed
us is suspended and has no assets. Even if the LLC previously
had assets,
it would take a court battle to (possibly)
show fraudulent
transfers. Such battles can be expensive and time-consuming.
Very few small claims (or even your $10K judgment) are worth
prolonged expensive Court battles. Especially when there are
no assets showing, as was the case in your LLC judgment.
Of course even on a difficult judgment like this, we will
certainly try (and sometimes succeed) to enforce the judgment.
It just won't be as easy
to enforce as some people might have told you.
We are optimists,
but we try to tell the truth, even if the truth is not optimistic.
We put some of what we know
on this FAQ.
We don't use wishful thinking to get business.
We do work hard to enforce judgments.
Some Judgment Enforcers buy only "easy" judgments.
(And do not buy 99% of the judgments they see.)
They can't help you with a typical judgment.
Others buy every judgment, even
impossible or tough ones, and promise quick results -
and will likely disappoint you.
We help with most judgments, but not impossible ones. This
means we can help a lot of people, even if it takes a long time.
When we take a difficult (that will take a long time to enforce)
judgment,
we do our best to tell you the truth. We also warn
you that even easy judgments can turn out to be hard to
enforce.
We do our best to help enforce
judgments ASAP, and sometimes it works out that way,
and that is fun. The time
it takes, and the final result -
depends on the situation and the debtor,
not the (experienced) Judgment Enforcer.
(Back or Home)
Q. What is your definition of
impossible, difficult, and easy judgments?
Impossible judgments are those that can never be enforced.
Over time - some possible judgments become impossible.
(And some impossible judgments become possible - like if a debtor
inherits something
or gets a job or gift.)
One example of an impossible judgment, is when you sue someone that
does not really exist. E.g., you have a tenant that told
you her name was Sally Smith.
She did not pay, and you evicted her, and got a judgment. Years later,
you send your judgment to us -
and we research carefully, and find there is no such person.
(She lied to you about her name -
maybe she had some fake ID or fake references).
Such a judgment cannot be enforced.
Also see the Question and Answer - (with a link to find an attorney) at:
My Judgment is not Enforceable?
Another example of an impossible judgment
is when the debtor is truly judgment proof.
E.g. - Combine
old, sick, poor, bankrupt, and living under a bridge -
that combination is judgment proof.
See our
Judgment Proof article.
Another example of an impossible judgment is when you sue a
corporation (and did not also sue a person) that
dissolved, really has no assets, went bankrupt,
or no longer exists. Years later - you send your
judgment to us, and we discover nothing can be done.
Another example of an impossible judgment is when you sue a very clever
(criminal or scammer or scoundrel or fraud)
- sometimes - especially
on small judgments - it just costs too much to uncover
their fraudulent transfers.
And over time - "karma" tends to catch up to frauds -
and they end up broke.
Another example of an impossible judgment is when the debtor
has enough (help, pride, or money) - and/or
would rather cut off their own nose to spite their face.
Sometimes a debtor would rather
spend $25,000 on lawyers than pay a $2,000 judgment.
Sometimes debtors would rather lose
their home than settle with me. Sometimes the debtor will get
unlimited legal
help because of their affiliations - or unfairly preferential
support groups
or agencies.
Sometimes debtors appear to be genuinely insane.
In such cases - no rational entity can compete.
Difficult Judgments are when the debtor is poor,
and/or is very old - or very young. Such judgments usually
take a long time. In cases where the debtor is really poor -
We try to encourage them to send us something when they can
afford to.
We do not purposely try and
take their last few dollars.
Another difficult judgment
is when you sue a borderline and/or not too clever
(criminal or scammer or scoundrel or fraud).
We try to find and undo their fraudulent transfers - but
that is very difficult and expensive.
If there is a large amount owed - and there
are large assets hiding - we leave no
stone unturned - but it takes time and money.
Easy judgments are when the debtor has assets
showing and we can grab them.
Another easy judgment enforcement is when the
debtor is smart and not poor -
and quickly realizes they will save
a lot of money (and time) by paying us quickly.
(Back or Home)
Q. If I assign my judgment to a Judgment Enforcer, and they
pursue enforcement in their name - am I legally protected
from any lawsuits in the unlikely event
of you guys violating any laws in enforcing it?
A:
We are very careful, follow exactly all laws, and we have never
been sued -
so yes; it is very unlikely.
Of course, anyone can start to sue anyone else for any reason -
even if there is
no valid reason. There is no question that
it is the legal right to enforce judgments that
one owns.
When you sell your judgment, it is without recourse - you
are no longer involved.
The judgment is bought so it can be enforced (without being lawyers
or a collection agency). After you assign your judgment, the
Judgment Enforcer
become the creditor. You don't have
anything to do
with the judgment - except for being protected by the
agreement for when,
how - and if you get paid, with the Judgment Enforcer.
That means the debtor or anyone else, has no logical (or rational)
basis to sue you for any mistakes
we or they theoretically could make while enforcing the judgment.
You could choose to be involved again -
but only if the debtor starts a motion either to Vacate
or Appeal the judgment. It is your choice -
you don't have to be involved - but without
your help - the judgment might be lost/gone/history.
Your liability is limited to - your share of the amount
the judgment was worth - at the time it is lost.
In the case of the debtor starting a Motion
to Vacate the judgment - your help is
limited to helping to find a witness -
the person who served the debtor.
The primary issue before the court is the Proof Of Service.
If the Process
Server was your friend - or a Process Server no
longer active - your help
might be needed to contact them - to help them agree
to come to a hearing -
as a witness.
In the case of the debtor starting a motion
to Appeal the judgment - think
of the judgment as being a case now.
This case is now between you and the debtor -
We are no longer a party to the case.
This is a new hearing or trial - We are out of the
picture. It is your choice to be involved or not.
If you are not - the judgment is lost. (But you get a new trial.)
If the debtor claims they did not know about the judgment -
We might even be a witness for you.
(Back or Home)
Q. If I am not happy with your service,
do I have a legal right to ask you to give the judgment back
to me so I can find another collector?
If so, how much I owe you, if any?
A:
First we are not a service - Judgment Enforcers are
entities who bought your judgment.
If the debtor has assets showing - you might "be happy".
If the debtor has
no assets showing - you might not "be happy". (Happiness is a choice.)
When we buy the judgment,
it has to be without recourse - meaning it is not up to you when
or if you get it back. This is not our idea, it's the law - it's the only
way we can enforce a judgment that did not start out belonging to us.
If several years pass - and we can't find any of the debtor's assets -
then if you ask - we may decide
return it to you. (If we have spent money, we add
that to the debtor's debt - and we will ask you to reimburse us for what
we spent.)
Keep in mind, if we can't enforce this judgment,
it is very unlikely anyone else can either.
(Back or Home)
Q. Do you have references I can call?
A:
No. We don't pay too much attention to references shown
on advertising and web sites.
References are often the
top 1 percent of results obtained. Just like a contractor
who can do 95 shoddy projects and 5 good ones - they can
show you 5 references - but are 95% likely to do a shoddy
job.
Also, we must protect the identity of debtors.
This is a requirement of
both laws, and the private data services we subscribe to.
In the past we did put
references on this FAQ, and it became a hassle.
We once received a legal threat
as the case number and plaintiff "reference" on our web site
provided a way to locate the debtor's name.
We had more than one creditor tell us
to take their name off our web site -
as they did not have time to talk to strangers.
(Would you like to get lots of calls -
asking you about a judgment enforced
for you in the past?)
One can visit most court sites, and look up a Judgment Enforcer to
see the judgments they are enforcing, or have already enforced.
References are not as useful as one might think. Like in any
other profession, Judgment Enforcers show you
their easiest and quickest recoveries. You can be sure
there were many less successful (or failures) that
were not part of the references shown.
When we recover money on a judgment, the original judgment
creditor usually says "Thanks!".
(Back or
Home)
Q. On the contract you sent, it doesn't state when the money
may be collected, or any time frame. There is no cap on expenses.
The selling seems final and out of my hands.
A: Yes, that is correct. Judgment enforcement is usually
a complex process -
that cannot be timed or guaranteed. The expenses to recover
a judgment are taken off the top. The expenses are always
kept as low as the reality allows.
If you need time limits, money limits, full control, and
to be able to manage the enforcement of your judgment, you
may wish to hire an attorney, as Judgment Enforcers cannot
work for you in this way.
In almost every state - the only way a Judgment Enforcement
Professional (JEP) can enforce
a judgment is if they own it completely, and outright - 100 percent.
That's why our company name is JudgmentBuy.
When a JEP buys a judgment from you - it is
on a deferred-payment basis. The sale must be without recourse.
This is because
we are not lawyers, and do not work for you -
and we (JEPs) are not collecting money
for you. A JEP buys a judgment - and then splits the
money they enforce with you -
after the JEP collects it.
Putting time limits in contracts is considered "bailment".
Several JEPs have been targeted for putting time
limits in their contracts by local State Bars - with penalties
- for the Unauthorized
Practice of Law (UPL). Since JEPs enforce judgments in almost
every state, they steer clear of UPL issues.
A judgment
is not cash - and nobody can predict with accuracy how
long it will take to enforce.
When we find
available assets of the debtor - we take them - and then you get paid.
If the debtor never again has assets - nobody gets paid.
We are not required to return a judgment - but we don't
collect judgments just to keep our file cabinets full.
If we worked on a judgment for years, spending
lots of time and money and got nothing back, we don't really want the
judgment.
If years go by and we can't collect anything -
if you request, and we agree; we may return the
judgment to you. (However if we can't help you enforce it -
then who can enforce it?.)
(Back or Home)
Q. My lawyer has reviewed your purchase agreement and
has revised it to be more fair, with a time limit, no
third-parties allowed, proof of insurance and licencing,
25% as what you get to keep, 75% for what I keep, and
my lawyer's right to review and monitor your performance.
Why won't you compromise?
A: We are a listing and matching service. We can list
any special conditions you wish on our web site. Be aware
the more special conditions you wish, the harder it will
be to find a Judgment Enforcer (JE) for you. And 99.9% of
all JEs will have nothing to do with a lawyer
changing their purchase agreements. One reason is, it's too
hard to keep track of custom changes to agreements.
Another reason is having time limits, restrictions,
and supervision by a lawyer is to close to asking
a JE to work for you or your lawyer.
JE do not work for you, they must own
your judgment outright before doing any enforcement.
What your lawyer did to the JE's purchase
contract is like asking for the JE to perform
Unauthorized Practice of Law (UPL).
Simply put, UPL is when one performs legal services or gives legal
advice when they are not a lawyer. If one enforces a judgment,
and does what your lawyer says, and reports their progress
to your lawyer, they are working for your lawyer. Also,
if you won't let go of your lawyer, and ask your
lawyer to modify and approve the agreement, it is a sign
of being a headache
in the future.
UPL is when you prepare legal paperwork for someone else,
represent someone else, or give the appearance you are a
lawyer when you are not. Letting someone think you are a
lawyer is not a good idea, unless you are a lawyer.
Charges of UPL are not very common - but the ramifications
are so severe, we all need to take care to not even hint of
doing legal work for others - and agreeing in writing to do
what your lawyer says, or having to get an
OK from your lawyer before taking
actions, is too close to working for and representing other
persons.
It is a good idea to have your lawyer review any documents
you sign. But changing the documents is another matter.
This is not a purchase of a car or a house, it
is the 100% purchase of the rights to enforce a judgment.
The contract your lawyer wishes to change is time-proven
and a standard for your state. Of course
any changes your lawyer proposes are welcome for
discussion, but when the whole contact is re-written
to involve the lawyer, it loses it's value to a Judgment Enforcer.
(Back or Home)
Q. My situation is special and needs special timing.
You told me you only take
Nevada judgments when there are big assets there. My debtor
has assets in California and Nevada - so I planned to
assign my judgment to you,
so you can search and collect his assets in every state except Nevada.
After that you would assign the judgment
back to me with his assets report.
I would then hire an attorney in Nevada
to pursue his assets there. You said you can't guarantee
that you will assign the judgment back to me or even
tell me a timetable, why?
A:
When someone assigns a judgment to us - we are the new owner.
We are not obligated to assign it back, nor can we promise to.
It is our general policy not to cling to hopeless judgments.
If we cannot find assets and have no clue what to do to enforce it -
and it's been a year or more, (if you ask us)
we'd likely return it to you, if you to cover the costs we incurred
for investigating and securing assets.
This is not a profit item for us -
the costs are what we actually spent - not for our time, with no mark-up.
If we find property or assets in another State - and hired
a lawyer to secure them - then
we would likely not assign the judgment back - as
this means we are working on enforcing against
a debtor's assets "long term".
This is the legal position we must
take, as we are not lawyers. If you need specific timing,
you should probably hire a lawyer.
With us, you only pay if we are successful. With a lawyer
you often have to
pay, even if the judgment cannot be enforced.
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Q. I want to sell my judgment for you for cash now, do
you buy judgments for cash now?
A: The good news is yes - we are the best place to
sell your judgment
for "cash now".
Note that nobody pays more than a few dollars for judgments
unless the debtor's assets are known.
We don't personally
buy your judgment. JudgmentBuy
lists your judgment for free to help you find a buyer.
We are the (free, no obligation) best
way for you to get the highest price for your judgment. Every judgment
on our lists here
and
here
are available for cash or future-payment sales.
Email us what you want someone to pay for
your judgment, and we list your request on our web site,
and let you know if we find a buyer.
Note that anyone buying
your judgment will likely perform lengthy due-diligence before making
you a firm offer. With few exceptions, nobody
pays more than a few cents on dollar for most judgments.
For a cash sale, the debtor's assets have to be in the USA.
See our
Selling your Judgment for Cash
article.
Why are most judgments only worth pennies on the dollar?
Two reasons: One reason is that bankruptcy can
make a judgment worthless.
The other reason is that nobody knows what a judgment is worth -
until after it has been
enforced and Satisfied - over time.
There is no guarantee a judgment can be enforced.
Judgments are not cash.
Some people do buy judgments for cash -
usually a few pennies on the dollar.
In certain cases someone
may buy your judgment for pennies on the dollar.
E.g., if the debtor has lots of available assets - one
can sell a judgment outright - for somewhat more than
a few pennies on the dollar.
JudgmentBuy is the best place
to try to sell your judgment for
cash up-front. If no one offers to
pay you enough, that can work too.
Your judgment will very likely
interest a Judgment Enforcement Professional,
to recover your money the proven way.
This is automatic, no obligation, and simple as pie.
Many people agree that (e.g.) 50% later (often including
future accruing interest)
is better than a tiny fraction of 50% now.
Never presume a timetable
for getting money from a judgment -
most likely it will bring you money in the future.
It might be tomorrow, it might be a year from now,
it might be 10 years from now, and it
might be never. Having us help start
to get your judgment enforced
- vastly increases
the chances of money coming your way one day.
See also see the Question and Answer -
Why won't you pay me part of my great judgment upfront?
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Q. Some Judgment Enforcers guarantee they will collect a judgment -
why don't you?
A: Such "guarantees" are only advertisements.
Will a Judgment Enforcer do their best to try and help
you get your judgment
enforced? Yes.
Guarantee? - This is not a savings bond, this is a judgment.
The value of a judgment
depends on if and when it is enforced.
When enforcing judgments, there
can be no guarantee.
This is not a problem - as the Judgment Enforcer only gets paid after
they enforce a judgment, so you know they will do their best to enforce it.
Q. Can you guarantee that you'll collect my judgment?
A: There are no guarantees, except that Judgment Enforcers (JEs)
make their best
effort.
Every debtor, situation, and judgment is different. JEs try to
collect 100 percent of the total owed, but
sometimes that is not possible - e.g.,
if the debtor dies or becomes disabled or
really has no money, etc.
JEs use many strategies to collect,
and if/when appropriate, they can sometimes pursue assets of
spouses (and sometimes a former spouse),
and sometimes even add debtors to
the judgment on "alter ego theory".
If your debtor files for
bankruptcy, sometimes they can challenge the
debtor's bankruptcy to try to get the judgment (at least partially)
paid.
If a JE
cannot collect from your debtor over time
(if a qualified JE can't collect
from a debtor - we doubt
anyone can), they can choose to re-assign the
judgment back to you upon your request.
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Q. What is the paperwork
I need to sign - and can you also provide a copy
of your liability insurance, or any other info?
A:
We send you all the paperwork. We are not a collection agency or lawyers.
Judgment Enforcers have to appear in court as a person - not a company.
There is no
business insurance we could buy -
because we are Judgment Enforcers personally enforcing judgments we own.
Mark Shapiro answers:
We have a San Jose business license, a California C corporation, and a
fictitious name registration.
We are also members of the California Association Of
Judgment Professionals, and
certified gurus at the National Judgment Network.
Also see the Question and Answers -
What if you get sued?
and What Forms will you send me?.
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Q. You have an office in San Jose, so why
does your fax number start with 206?
A: Every business gets junk faxes.
We use an email-based fax service based in the state of Washington.
The faxes go to our email - so we print
only the pages we want. If area code 206 is long distance for you -
remember that faxes
are very short calls.
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Q. My relative died, and I am the executor of their
estate. Can you enforce a judgment when the named creditor
is no longer here?
A: Sorry for your loss. Yes, it's easy to proceed in
this situation. You simply sign the paperwork:
Person, Executor for Person.
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Q. Why are 80% of judgments never enforced?
A: Every situation is different, but some reasons include:
Many debtors can no longer afford to pay the judgment,
and "the system" seems to let people hide money - and defraud others.
(When a qualified Judgment Enforcer is on the job -
that 80% number goes way down - but some judgments can't be enforced.)
Free advice and a joke:
Best to accept what is - worrying or bad feelings never helps.
If you can affect outcomes for the positive - take action.
If you can't, try and be happy and hope for the best.
The Zen master steps up to the hot dog cart and says: "Make me one
with everything" and pays with a $20 bill. The hot dog vendor puts
the bill in the cash drawer and closes it.
"Where's my change?" asks the Zen master. The hot dog vendor
responds: "Change must come from within."
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Q. What about Default Judgments?
A: Default judgments are not considered as "strong"
as regular (contested in court) judgments.
That is one reason there are so many Default judgments.
Our opinion is that scammers love default judgments
for reasons such as:
No discovery is allowed, they are harder to Enforce
across State lines, they are easier to Vacate, and
Default judgments save
the debtor both money and time. Debtors know that 80% of
judgments are never enforced - so scammers take advantage
of the "legal loophole" of a default judgment.
With a default
judgment - the Proof Of Service is vitally important.
The best Proof Of Service is when a Sheriff or a Registered Process Server
personally serves the debtor - or Serves the correct person at a company.
With valid Personal Service -
"Motion to Vacate" attempts almost never succeed.
All other kinds of service - might increase the (still small)
chances of the debtor to
successfully convince the court to Set Aside the
judgment with a "Motion to Vacate".
With a Default judgment -
the debtor did not care about the judgment -
and likely will not care until
we grab their money. When we grab their money -
they sometimes care very much. If the
Proof Of Service was not good -
the debtor might ask the court - and has
a small chance - to Vacate
(set aside) the judgment.
If the court grants the debtor's request -
the judgment vanishes - and you have
to sue them again to get another judgment.
Also, when a debtor moves out of California - default judgments can be
"harder to domesticate" in some states (E.G.,
Connecticut, New Jersey, and New York).
See our
Default court judgments article.
Also see the Question and Answer -
I want to sue someone!
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Q. How do I get started?
A: Send us a copy of your judgment,
and what you know about the debtor - including the full address
they were served at, and your full mailing address.
(If you have it, please also
send us a copy of the Proof Of Service.)
Send us your judgment by mail, email attach
(one judgment per email please),
or a fax (206-267-9857)
it to us. If you fax us, send us an email too, so we can
store your full contact information.
Our email is
Mark@GoGuys.com.
You can also call Mark Shapiro toll free at 888-831-4350.
You can submit your basic judgment information
Here.
We will answer any questions, and provide a confidential
(no-cost and no-obligation) assessment of your judgment situation.
It's very easy and smart to
list your judgment with us.
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