Guaranteed Judgment Collection

August 11, 2023

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 to enforce your judgment? Usually, Yes. Guarantee? – this is a judgment, not a savings bond. 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 your referred Judgment Enforcer, lawyer, or collection agency will 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, there is a chance that JEs 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, the JE can choose to re-assign the judgment back to you upon your request. If a qualified (JudgmentBuy-screened) JE cannot collect from a judgment debtor over time – we doubt anyone can. (Unless the debtor’s ability to pay improves.)

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