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Judgment Enforcer Out of Business?
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 - then you are good to go.
Go to the court house and ask to see your case file. If there is no assignment of judgment from you to them there, you are good to go. If you call them, ask them who the current assignee of record is. If they say you, or nobody, or your previous lawyer, you are good.
If the missing judgment enforcer 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. (See our When Judgment Enforcer Flake article.)
We cannot 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 another judgment enforcer to enforce - may we suggest JudgmentBuy to find the right one?
Start by contacting the previous judgment enforcer, and try to work things out with a friendly negotiation. It is best to be reasonable, and be willing to pay the judgment enforcer back for any reasonable (usually court-related) costs.
If you can find the old judgment enforcer - and they still refuse to assign it back - you could try to sue them for the return of the Assignment. But suing them is a last resort. A lawyer or perhaps a paralegal can help you with this situation. (See our National Lawyer State Bar List).
Some judgment enforcers do not disappear, but stop answering their emails or phones and ignore voice mails. Sometimes the squeaky wheel gets the grease.
Using judgment enforcers referred by JudgmentBuy drastically reduces the chances of your judgment enforcer disappearing. JudgmentBuy will not voluntarily disappear - unless we stop breathing. And if a judgment enforcer stops breathing - the contract between judgment enforcers and you sometimes specifically mentions that your judgment ownership should go back to you. Even if there is no such language, it is not difficult to convince a judge to undo the assignment if the judgment enforcer dies.
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