Recover Your Judgment With Organization
I am not an attorney, I am the judgment referral expert
. This article is my opinion, and not legal advice. If you ever want a strategy to use or legal advice, you should contact an attorney.
It is very helpful to organize everything before you attempt to collect your judgment. With basic filing and storage procedures can help it be easier to recover judgments.
The most important thing to keep is the copy of the actual judgment. If it was a default judgment, a copy of the proof of service is also very important. Also important are many other documents from the court, especially receipts and documents related to all post-judgment recovery efforts.
The case number is important as it is required on any future paperwork related to the enforcement of the judgment. The date of the judgment is also important, as all judgments eventually expire, and as it is required on most post-judgment documents.
You must keep an accurate log of how much the judgment debtor owes, and you need to be careful never to recover more than the amount the judgment debtor owes. Also, you must keep an accurate count of whatever money is recovered on your judgment. You also need to track any interest accrued, and any recovery-related expenses you incurred. Sometimes most or all of the earned interest is recovered, other times part of it is not collected, because of poor judgment debtors, compromises and settlements.
Most judgments don't permit attorney fees get be added to a debtor's debt unless the contract breach which was the start of the judgment, provided for them.
Only the judgment debtor can pay off a judgment, so you need to find and organize all the information possible about your debtor. You need to find all names or AKAs the judgment debtor uses now or in their past. Keep a record of all addresses your judgment debtor uses.
Try and get the names of the current and former spouses of your judgment debtor. Current and ex-spouses of the debtor more often know about possible assets hidden by the debtor.
Whether your judgment debtor is a person, or some other entity like a corporation or a company; you should keep records for their residential, mailing, and any other addresses. Make note of the county for each address.
The judgment debtor's telephone numbers and email addresses are worth keeping track of. Consider keeping records of the judgment debtor's work and home phone, spouse's phone, cell phone, and all other telephone number associated with the debtor.
If the judgment debtor is a business, try to determine their Federal Tax Identification Number (FEIN). If they are a person, try to find their (and perhaps their spouse's) SSN. Don't share someone's SSN except if enforcing a judgment, and even then, never share it with anyone except a bank, an employer, a process server, or a Sheriff.
Another item to keep on file is your debtor's driver's license number, and the state that it was issued. Also try to get the dates of birth for your debtor and their spouse.
When a judgment debtor was represented by a lawyer, keep a record of their lawyer's name, phone number, address, and e-mail address.
Try to find out the debtor's place of employment. When your debtor has a job, this is probably good news, as usually employment income may be levied.
Whatever you learn on the judgment debtor, their assets, or associated to the judgment, must be saved and organized in your files. Being prepared with this type of info, can start you in the right direction to recover your judgment.
Without saving redundant information, keep everything related to the judgment debtor. You never know what small seemingly insignificant thing, will be important for the successful enforcement of your judgment. Enforcing judgments is not cheap or easy, however one may make it somewhat easier by organizing and keeping important information.
by: Mark Shapiro
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