JUDGMENT ENFORCEMENT

The courts award judgments everyday. However, the courts do not enforce judgments for you.  When a court makes a judgment in a civil matter it may declare that one person has a right to recover money from another person.  However, getting a judgment is not a guarantee of payment.  It is not the court's job to collect the money.  If you are the successful party (called the Judgment Creditor) you will have to begin the process to collect the money from the unsuccessful party (called the Judgment Debtor).

HOW CAN I COLLECT MY MONEY?

There are a number of different ways you can try to collect your money.  You can try to use the judgment to convince the judgment debtor to pay you.  You can investigate to see if the judgment debtor has the means to pay you and you can start enforcement proceedings.  The method you choose will depend on the circumstances of your case.  The more you know about the judgment debtor's financial situation, the easier it is to choose a method that will be successful.

The following scenario is typical of the experience of most successful judgment creditors:

Mark was awarded a judgment for $10,000.00, plus interest and costs against Samuel.  He tried everything and spent large amounts of money trying to enforce his judgment, each time with the same result.  Samuel avoided payment yet again.  Six years passed, Mark had no idea where to find Samuel or his assets.  Mark has given up hope of ever receiving payment.

Then Mark approached Carrie A. Lissets Independent Paralegal Services and learned what options are available to him, to assist in locating Samuel and his assets, including employment information.  Soon thereafter Mark was receiving payment on a regular basis until payment had been made in full.

DO YOU NEED HELP ENFORCING YOUR JUDGMENT?

After having invested time, energy and money to obtain a judgment, most litigants are apprehensive to spend even more time and money to collect on the judgment. This is why we offer to collect your judgment for you.

We are relentless in the pursuit of a debtor’s assets; we will not give up. We perform a series of skip traces to locate your judgment debtor and/or any assets he or she may own.

If your case requires an examination of the debtor before the court, we will prepare your documents, effect service upon the debtor and attend on your behalf to examine the debtor to determine his ability to satisfy the judgment.

Our asset search targets specific assets, employment, bank accounts, personal property and real property. Once we locate any of these assets, we immediately commence garnishment or file a Writ of seizure and sale against assets to satisfy the judgment.

WHAT SHOULD I CONSIDER WHEN DECIDING HOW TO PROCEED?

Ask yourself these questions:

Can the Judgment Debtor pay?

You should find out about the judgment debtor's income and assets.  Try to find out whether he or she has enough equity in them to cover the judgment.  For example, is the judgment debtor still making payment on the car in the driveway?  Consider that a forced sale may not yield the full value of the property.

Are there other Creditors and where do you stand?

Find out if there are other creditors who are trying to enforce claims against the debtor.  You have to share any proceeds proportionately with any other creditors.  Remember, if other creditors are secured creditors you may not benefit by seizing and selling the property.  A secured creditor has a lien on a specific piece of property tied to a loan, like a mortgage, and will have priority over you.

What expenses are involved?

The proceedings and investigations may involve fees and other expenses.

How much time and effort is necessary?

It is up to you to decide how much time and money to invest.

You can use any of the available options and usually you will be entitled to include some of these costs in the enforcement proceedings, such as court filing fees.  Sometimes it is worth the effort and expense to enforce a judgment.  However, there is no guarantee that you will get full payment.  So it is up to you to decide how much time and money you are willing to invest.

Can I investigate the Judgment Debtor myself?

No, but you can hire a paralegal to try to locate information about the judgment debtor's financial situation.  You can try to find out:  if the judgment debtor can pay you, what assets the debtor owns and how much equity he or she has in the assets.  This information may help you to decide what to do.  Remember you are not going to be paid for your time.

If the judgment debtor refuses to say whether he or she can pay and/or you are unable to locate any asset owned by the debtor you may have to proceed by way of an Examination of the Debtor.  This can be a very complex proceeding and the assistance of a Paralegal is highly recommended.

What else should I know?

• If the judgment debtor files for bankruptcy, the rules Change completely and you will not be entitled to continue with the enforcement proceedings;
• Many potential complications may arise during the enforement process.  For example, there may be a dispute about who really owns the property, property may be jointly owned, or there may be security interests;
• Should the debtor become unemployed or change employers during an Employer Garnishment, your payments will stop upon termination of the employment and it will be necessary to locate a new employer or initiate an alternative enforcement method.