Is there a
statute of limitations on executing my judgment?
Yes. Your state law sets a limit on how long a judgment is
enforceable, called a Statute of Limitations. This period is
usually within 5 to 20 years from the date the judgment was
rendered. Some states even provide ways to renew the judgment for
additional periods of time. However, in most cases, the sooner
you enforce the judgment, the better.
Can I collect interest on my unpaid
judgment?
Usually, yes. Most judgments include a provision for collecting
interest, usually from the day it was rendered. The actual
interest rate and calculation procedure (compound or simple
interest) varies from state to state. With interest, your
judgment could be worth significantly more than the day it was
issued.
Why shouldn't I use an attorney to collect my
judgment?
You can, if you are willing to put down a retainer, and pay a
fee of between $125 and $175 per hour, whether they ever collect
anything or not. When we enforce the judgment, we pay you a
percentage of everything we recover.
How about using a collection service?
A collection service may contact the deadbeat and irritate him
to death! They may even place a black mark on his credit report.
But, they rarely collect! And with the passage of the FDCPA (Fair
Debt Collection Practices Act), the debtor has the right to just
tell the third-party debt collector to stop ALL contact. We, as
the owner of the judgment, are not affected by the FDCPA. We just
investigate the debtor, find his assets and then seize them to
enforce the judgment.
Is there any guarantee you will collect on my
judgment?
No. Sometimes there are simply no assets to seize. But, you can
be sure we will do our best because if we are unable to enforce
the judgment, we don't get 'paid'. This puts a serious incentive
on our efforts!!
Must I pay for the expenses incurred in enforcing my
judgment?
No. In fact, we purchase the judgment from you, usually
on a 'future pay' basis. At the time that we purchase the
judgment, we haven't had the opportunity, nor the legal right, to
investigate the judgment debtor. We can only do that after filing
an 'Assignment of Judgment' with the courts. We investigate the
debtor and, in accordance with the state laws, attempt to enforce
the judgment. Only then can we actually determine the value of
the judgment, which is usually based on a negotiated percentage
of the amount that we are able to recover from the debtor. In
most cases, the expenses incurred in enforcing the judgment, are
either added to the total judgment (upon petition to, and
approval by, the court) or the costs incurred are deducted from
the amount recovered from the debtor before payment to you.
How long before I actually see results?
It all depends on the difficulty in locating your debtor and the
difficulty in uncovering his assets. Some debtors are pretty
smart about hiding their assets, or they appear to live without
any 'normal' means of support or assets. Though we normally try
to get results in the first few weeks, this could take a few
months in an extremely unusual case.
I have a judgment awarded in one state against a
debtor who resides in another state. Can you help?
In most cases, yes. Especially if your debtor answered
your complaint or made appearance at the trial or hearing.
However, if your defendant didn't answer or appear, the judgment
is called a 'Default Judgment' which is considered a weak
judgment. Each of us has the right to confront our accusers and
to defend against any legal claims. Therefore, if the debtor is
able to show the court that he was not properly served, or served
in the wrong capacity, he can file a motion with the court asking
them to set aside the judgment. This is the most common 'hurdle'
that must be cleared in any judgment enforcement, and especially
when done across state lines.
How does all this work?
First, we complete an agreement detailing the specifics
of our purchase of the judgment. If acceptable, you then assign
the judgment to us, making us the judgment owner of record. Once
we have filed this 'assignment' with the court, we have the legal
right to investigate the debtor and to proceed with the legal
process of enforcement of the judgment. Then, after we complete
the investigation and enforcement, we are able to complete our
agreement with payment of the agreed percentage of the
recovery.
I'm sold! What is my next step?
Just complete the short online application. We will contact you
by telephone, and send the necessary documents for your
signature. On receipt of the signed documents, we will
immediately initiate enforcement of the judgment.
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