Time limits in Judgment Agreements

August 13, 2023

Q. On the contracts judgment enforcers send me, they do not state when the money may be collected, or any time frame. There is no cap on expenses either. 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 usually taken off the top. The expenses are always kept as low as the reality of the situations allowed.

If you need time limits, money limits, full control, and to be able to manage the enforcement of your judgment, have JudgmentBuy refer you to a very good collection agency. Or, you may wish to hire an attorney, as judgment enforcers cannot work for you in this way. JugmentBuy can refer you to the best contingency collection lawyers.

In almost every state – the only way a Judgment Enforcement Professional (JEP) can enforce a judgment (if they are not a lawyer) is if they own the right to collect it completely, and outright – 100 percent. That is why our company name started as JudgmentBuy. Now we know it is not your name, but what you do with your name.

When a JEP buys a judgment from you – it is usually on a deferred-payment basis. The sale must be without recourse. This is because JudgmentBuy and most JEPS are not lawyers, and do not work for you. A JEP buys a judgment – and then splits the money (the JEP attempts to enforce over time) with you – after the JEP recovers it from the debtor. Note that you are not assigning your financial rights, only your rights to enforce your judgment.

Putting time limits in contracts is considered “bailment”. Several JEPs have been targeted for putting time limits in their contracts by various State Bars – with penalties – are for some reason are considered in some places as the Unauthorized Practice of Law (UPL). Since JEPs enforce judgments in almost every state, they do their best to steer clear of UPL issues.

Of course, to avoid this problem, JudgmentBuy can refer you to the best collection agencies.

A judgment is not cash – and nobody can predict with accuracy how long it will take to enforce. When JEPs find available assets of the debtor – they take them – and then you get paid. If the judgment debtor never again has assets – nobody gets paid.

JEPs are not required to return a judgment – but they do not accumulate judgments just to keep their file cabinets full. If they worked on a judgment for years, spending lots of time and money and got nothing back, they do not really want the judgment. If years go by and they cannott collect anything – if you request, and the JEP agrees; they may return the judgment to you. (However if they can’t enforce it – then who can enforce it?)

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