How To Enforce Your Judgment Using Diplomacy
I am a judgment broker, and not an attorney
I am a judgment broker, and not an attorney. My articles are my opinions, and not legal advice. If you ever need legal advice or a strategy to use, please contact an attorney.
Being polite is one of the very few judgment enforcement tools that cost nothing. Beginning a recovery by being polite with your debtor is easily done, has almost no drawbacks, and may help satisfy your judgment.
Prior to, during, and some time after the legal process which resulted in the judgment; the judgment debtor may have been stressed. However, perhaps now, finding your relaxed, easy payment proposal, in which you agree to compromise somewhat on the amount they owe, could appeal to them.
Diplomacy doesn't mean becoming a victim, or allowing yourself to get taken advantage of. Politeness means both sides are willing to work for their mutual benefit. Diplomacy requires some level of communication between the parties. Being diplomatic is best when the judgment debtor is willing to communicate with you.
Enforcing your judgment with diplomacy starts when you use the phone, the mail, or eventually arrange to talk with you in person; how warm the debtor is to the idea of working with you, to solve the mutual dilemma of how to satisfy the judgment.
When the debtor returns a phone call, or communicates a response to your letter, that's good. Some judgment debtors that don't respond on the first try, may respond when you again try, some time later.
E-mail is fine, after one has first made contact with your debtor another way, and are on good terms with them. Be careful on email, keep it short and friendly when on topics associated with the judgment. It is fine to discuss topics like sports or the weather.
When trading emails, try not to share private information or going into details. Keep conversations about judgments or debts as short and polite as possible. Conversations with debtors by e-mail are best kept along the lines of gentle wordings such as: "Got your check, thanks", "Didn't get the check yet, thanks", "OK, try to send your check when you can", "Call me please", or "I will mail you your statement".
It isn't useful to get into conversations about whether or not the decision of a court was fair or not. Be empathetic and sympathetic, yet politely remind the debtor it is the judge's order that is important. Remind the debtor it's is best to focus on the solution, instead of thinking about things which can't be changed. Whenever one can persuade a judgment debtor to pay you willingly, it saves you money and time recovering your judgment. With typical debtors, perhaps try polite negotiations first.
If your judgment debtor is a world-class scammer, you may wish to start quickly with bold recovery strategies, to grab them by surprise, before they can conceal their assets better. A fraud may try to hide their money. Last-minute asset hiding rarely fools recovery specialists or courts.
The main idea to present to the debtor, is that judgments earn interest, and judgments may be renewed, possibly till the cows come home. If they agree to start making payments or settle with a lump sum, you could forgo some of the accrued interest, and save the debtor lots of recovery expenses. Reaching an agreement with you, will save the debtor a lot of hassles, time, and cash.
Sometimes your debtor is willing to pay, however doesn't have enough funds available to repay you. Payment plans may be the answer. Even an debtor can't predict their future. When your debtor is poor, having the debtor pay what they can, when they have some spare cash, is a good goal to have.
Even if the judgment debtor has income and/or a job, is not likely they can consistently make long-term payments on time. It is a good idea to get them to agree to contact you by email, phone, or mail once a month; even if just to tell you they "can't make a payment you this month".
The worst thing that could happen when you start by being polite, is that your debtor may not respond or might be uncivil; in which case you can begin conventional judgment recovery procedures.
by: Mark Shapiro
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