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Judgment Lead Liability
Could a debtor or an original judgment creditor sue the Judgment Enforcer (JE)? Could the JE sue the judgment lead provider? Could a judgment lead provider be sued for providing leads to a judgment broker? Could a judgment broker be sued for referring judgment leads to a JE?
Sadly, the answer is yes. Anyone can sue anyone else for any reason, even when there is no valid reason. Of course frivolous and groundless complaints (lawsuits) are rarely successful, yet they cost money, time, and hassles for all parties.
If you cheat, steal, defraud, or lie, you are much more likely to be sued. Karma comes into play often - over the long term, you get what you give, etc.
If you follow all laws, honor your obligations, do not burn anyone, treat everyone well, are honest, cheerful, helpful, and fair; you are much less likely to be sued. If you are sued for doing nothing wrong, find a lawyer familiar with anti-SLAPP laws, which usually can stop many frivolous lawsuits.
One solution is insurance, but insurance policies have a lot of loopholes, which may leave you without coverage. Another solution is to consistently make sure that all your contracts and actions cause no one any valid grounds to sue you for any valid reason.
Any legal thing you do might get you sued. However, following the law, and the other suggestions mentioned above should minimize any risk. Here are my opinions about any possible risks involving judgment leads:
If one party gets sued, other parties usually cannot be sued unless they broke a law or were part of, or related to, the cause of action that started the lawsuit. For the rest of this article, let us assume the lead provider did nothing wrong.
When someone refers, passes along, or suggests a party with a judgment possibly contact a Judgment Enforcer (JE) (or lawyer or collection agency) there is no relationship, contract, or agreement, except for their one-time recommendation.
Neither the judgment owner or the JE has any obligation to make a deal for the JE to purchase or try to recover the judgment lead. The decision and ultimate result, of the attempt to recover the judgment, has nothing to do with the judgment lead provider.
As long as the lead provider in no longer involved with the previous referral in any way, no matter what happens, it is very hard to imagine a judgment lead provider to be found liable for anything that might happen.
What happens when someone refers a lead to a judgment broker, who then later refers that lead to a Judgment Enforcer (JE) (or lawyer or collection agency).
In this case, the original lead provider has no way of knowing who the JE is, or what the JE or debtor does. I think using a judgment broker adds a layer of separation, that minimizes any (already very tiny) chance of any liability of the original judgment lead provider.
Judgment lead referrals are not product sales, obligations, or telemarketing sales campaigns, for fungible items.
Judgment lead referrals result in one-time arms-length, voluntary and informed information choices, about financial rights, between both the judgment owner and the judgment enforcer.
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