How To Enforce A Judgment
I'm not a lawyer, I am the nation's only judgment broker. This article is my opinion, and not legal advice. If you ever want legal advice or a strategy to use, please contact an attorney.
What if you won a lawsuit and were awarded a money judgment, how do you collect your judgment? This article has a brief outline, and a synopsis of a few common ways to collect your judgment.
The first thing to check out is whether your judgment is enforceable or not. When a judgment is either voidable or void, due to a problem with the lawsuit, or the proof of service, or judgment; that should be resolved before you try to recover a judgment.
The next thing to check is, did your debtor ever file for bankruptcy protection after you received your judgment. If they did, it is very likely the judgment was essentially wiped out in the bankruptcy proceeding.
Next, almost every judgment expires after a certain amount of time, usually 5 to 20 years. If the judgment is old, it is a good idea to confirm whether or not the judgment has expired. If the old judgment is still valid, it would be good policy to renew it.
Next, can the your debtor be found? Does the debtor have any available assets? You must find this out, or pay someone to determine this, to be able to recover any money. To collect your judgment, you need to locate the debtor's assets, and determine their status, as to any possible judgment debtor exemptions that might be claimed for them.
If your judgment debtor owns, or may one day own, some interest in real estate property, record your judgment at the county property records department, often called the county recorder. Recording a judgment or an abstract of judgment, creates a property lien which might some day get you paid.
Recording liens in every county where your judgment debtor owns, or may one day own, any interest in real estate property. Record liens in the county where they currently live, and the county where their parents own property, in case they inherit the property some day. Some states have state-wide lines on property.
Post-judgment discovery tools can be very helpful when attempting to enforce a judgment. Each state and court has unique rules about which discovery methods are permitted. Sometimes, after getting commanded to go to court for a judgment debtor exam, the debtor may start paying off your judgment.
With sufficient information about the debtor and their assets, it's possible to levy or garnish their assets. These are some methods to help you actually get (at least partially) paid on your judgment. If levies and examinations don't mostly or fully satisfy the judgment; wait six months, then rinse, lather, repeat, and try it again until the judgment is satisfied.
After most or all of the judgment has been collected, file a Satisfaction of Judgment form with the clerk of the court. Most often this must be notarized first. After the court endorses your satisfaction, make a copy of it, and mail the original one the former debtor.
About the Author
http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way for the best chance to get money for your judgment. Mark Shapiro, the free judgment matchmaker. We have the best quality free judgment referral leads for enforcers, judgment buyers, collection agencies and contingency collection attorneys.
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