Creditors To Avoid

August 10, 2023


For any judgment, as much depends on the judgment creditor as the debtor. Unreasonable creditors may find legal issues or troubles, if they try to recover their own judgments; or they may drive judgment enforcers or contingency recovery lawyers nuts.

One of many judgment articles: I am a Judgment Broker, not a lawyer, and this article is my opinion based on my experience, please consult with a lawyer if you need legal advice.

Problem creditors may have trouble with their mindsets or their actions. Examples of mindset problems include believing their judgment is guaranteed, or worth big cash upfront, or recovery should happen in a few weeks, or that enforcers should only keep 10% of whatever gets recovered, or that courts favor creditors. Such points of view are a waste of time and mean the creditor will probably not recover a dime.

Problem judgment creditor actions fall into two categories, the first is when the creditor is attempting to recover the judgment by themselves. Problem creditors may break one or more of the hundreds of laws protecting debtors (and privacy); and problem creditors might get sued, or denied by a court or a Sheriff.

The other problem creditor category is when they outsource their judgment to a recovery expert. The rest of this article discusses creditor outsourcing problems.

The average judgment recovery is in chunks of money, and each chunk comes after months or even years. This is usually not the fault of the judgment experts. Many judgments have poor debtors, and will never be recovered.

When the debtor has some assets; usually, it takes a long time to discover those assets, perhaps a long time for the court to issue a writ, a wait for the Sheriff or a process server to serve it, then a long time before the Sheriff mails out a check.

The number one problem judgment recovery experts have with creditors is when they hyperactively and repetitively contact them. Examples include calling much more often than once every three months or emailing much more often than once per month.

Another problem is when creditors attempt to find enforcers for expired judgments, UCC liens (which are not judgments), or judgments where the debtor is unknown, has successfully went bankrupt, or a company that long ago went out of business.

Another problem is when creditors will not sign anyone’s paperwork. Most people do not want to read anything. Because judgments are legal documents, every judgment recovery expert will require a contract, and perhaps also an assignment of judgment. Some creditors search for years, rejecting contract after contract.

The last problem creditor action type discussed here is the professional shopper creditor. Such creditors interview hundreds of judgment recovery experts, wasting their time, often because of their mindsets. A creditor’s attitude can prevent a judgment recovery.

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