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How does all this
work?
First, we complete an agreement detailing the
specifics of the purchase of your judgment. If acceptable, you will
then assign the judgment to us making us the assignee of record.
Once we have filed the assignment documents with the court, we will
have the legal right to investigate the judgment debtor and proceed
with the process of enforcement. We will then make payment to you
based on the funds recovered from the judgment debtor, per our
agreement.
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 from 5 to 20 years starting on the date your
judgment was awarded. Some states provide a way of renewing your
judgment for an additional period of time.
Can
I recover interest on my unpaid judgment?
Usually, yes.
Most judgments include a provision for the payment of interest from
the day it was awarded. The actual interest rate and calculation
process varies from state to state. With interest, your judgment
could be worth significantly more than the day it was
awarded.
Shouldn't I use an attorney to enforce
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 recover anything or not. When we enforce the judgment, we
pay you per our agreement. In our personal experience using an
attorney to enforce our own judgments, we found they were more then
willing to accept the case for suite. However once the Judgment
Order was entered, we were on our own. It seems that the easy part
is appearing in court. Squeezing money out of the Judgment Debtor is
another story.
You as could use an attorney to collect
the funds. We found that they want to be paid hourly recovery or
not! Why use us to enforce your judgment? We do not get paid
unless we collect your money, Our MOTIVATION is simple, "No results,
we don't eat".
If you have legal questions you should
defiantly speak with an attorney.
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 a third-party debt collector to cease all
communications. We, as the legal assignee of record, are not
affected by many provisions of the FDCPA. We can investigate the
debtor, locate his assets and seize them to enforce the
judgment.
Can you take possession of the
Debtor's Personal Property, Real Estate or Vehicle?
Yes,
in some cases. This depends on the state where the property is
located. An Execution, Levy, or Lien will assist us in this
procedure, we will also make use of a few other resources we have,
while complying with the Rules of the Court in that particular
state.
Is there any guarantee that you will be
successful?
No. Sometimes there are simply no assets to
seize. But you can be sure that we will do our best, because if we
are unable to enforce your judgment - we don't get paid! This gives
us a serious incentive to succeed!!
Must I pay any of
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 your
judgment, we've neither 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 then investigate the
judgment debtor, and in accordance with the laws of your state,
proceed with our enforcement efforts. Only after our investigation
can we actually determine the value of the judgment. In most cases,
the expenses incurred in enforcing the judgment are either added to
the judgment and recovered from the judgment debtor, or they are
deducted from the amount actually recovered. Either way, you have no
up front expense.
How long before I will actually see
results?
It all
depends on the difficulty in locating the judgment debtor and in
uncovering his assets. Some debtors are pretty adept at hiding their
assets. They appear to live without any 'normal' means of support.
We will try our best to get results in the first few weeks, but it
could take months in a difficult 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 the judgment debtor answered your complaint or made an
appearance at your hearing. If the judgment debtor didn't appear,
the judgment is called a default judgment which is usually
considered a weaker judgment. Each of us has the right to confront
our accusers and to defend against any legal claims. So, 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 asking the court
to set aside the judgment. Overcoming this hurdle can be one of the
most difficult in any enforcement effort. Especially when done
across state lines.
Someone owes me money; can you get me the
judgment?
NO. You can represent yourself (Pro
Se); use a collection agency or an attorney. Once you are awarded the
Judgment we can then attempt to enforce and collect your
judgment.
The Debtor filed for bankruptcy; can
you enforce the Judgment?
NATIONAL JUDGMENT
ENFORCEMENT GROUP will search the court databases for the
outcome of bankruptcy. Once we have the information we will
discuss your options based on the events of the
proceedings.
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 return of the signed documents, we will
immediately initiate enforcement of the judgment. |
