Why A Copy Of The Judgment Is Needed

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

A judgment is both a piece of paper, and a historical record system. A judgment includes records of certain specific events related primarily to getting, and trying to recover the judgment. Judgments are not cash, not guaranteed, and do not recover themselves.

When you contact a judgment broker, buyer, enforcer, collector, collection lawyer, or a collection agency; they will not do anything significant until they see a copy of your judgment.

No matter how much and what, you tell some person or entity about your judgment, they will not be doing much computer work, or researching your judgment debtor fully with public records, until they see the actual judgment. One exception can be if the person or entity is close to the court, and your judgment is big and looks easy to enforce, they might get a copy of your judgment themselves.

The reason a copy of a judgment is needed is because being named a judgment debtor is serious, and only the actual judgment can be counted on, to accurately name specific debtor(s) and the date and amounts on the judgment.

The proof of service for a judgment is often very important. Default judgments are weaker than contested judgments because on defaults, debtors might claim they were not served properly, even if they were.

As soon as you send the actual judgment paperwork, and what you know about the judgment debtor(s) and their assets; then you can get serious quotes, contracts, retainers, or agreements, for the purchase or recovery of your judgment.

There is no average, when it comes to how much documentation people keep for their judgment. Some people keep nothing. Some people keep only the one page with the court's stamp, that shows the amount owed.

Some people keep multiple copies of everything, including all receipts, court documents, notes, copies of email, proposed revisions of the lawsuit (the complaint), all work products, envelopes received, etc.

Keeping the one page "meat" of the judgment might work fine, however it is best to also keep a copy of the proof of service, and whatever is known about the judgment debtor(s). Also, keep all documents that evidence any previous steps taken to try to collect, such as writs of execution, levies, and liens.

You do not want or need to keep, copy, and send out a 40-pound pile of papers. You should keep what is needed and no more. What was important in the past should be re-evaluated a year later. I recommend you keep only the page(s) of the actual judgment, the proof of service, one copy of the final complaint, and anything that identifies the judgment debtor(s) and their assets.

Unless you use a judgment broker, you will have to send your judgment documents to several or many enforcers, because most enforcers are now very picky about which judgments they will buy or try to recover, in the current economic situation.

When you communicate with a judgment broker, buyer, collection lawyer, or an enforcer, keep focused on your judgment, and what is known about your judgment debtor(s). It does not help to ramble on about trivia or your dislike of your judgment debtor, or to send them too much documentation. After you find the right buyer or recovery solution, then you can send the extra documentation you may have.

Judgment documents can either be paper copies or PDFs. They cannot be printed dockets from court web sites only for many reasons, including court web sites are not consistent, and judgment amounts and other important information may be missing on court web sites, and they are not guaranteed to be accurate.

If you do not have a copy of your judgment, the court can make a copy for you for a very nominal charge. Your court might let you download a PDF of your judgment. If you hired an attorney, perhaps they have a PDF or a paper copy of your judgment.

Introduction To Learned Treatise For The Rookie Expert Witness   Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   Judgment Debtor Exemptions And Timelines   When Should You Contact a Litigation Lawyer?   

Judgment Debtor Negotiations

For both judgment debtors and judgment creditors, there are many advantages to settling the judgment between them, when compared to the typical protracted enforcement procedures to recover a judgment. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

It takes two to tango. For judgment creditors, what is required is a realization that judgments are not cash and that (e.g.) half of something is better than all of nothing. In judgment recovery, everything depends on the judgment debtor. In certain situations, with poor debtors for example, when one compares settling for a small fraction of what is owed; with the judgment debtor filing for bankruptcy, the small fraction settlement is a big win.

For judgment debtors, what is required is an understanding that if they have available assets, including any personal assets with value; they are far better off by settling. If they do not settle, they may be exposed to potential legal actions to recover the judgment against them, over the long term. Some enforcers have levied the family pet! Settling avoids a lot of stress and avoids extra costs; for example the accruing interest owed, expenses the creditor incurred at the court, the Sheriff, and possibly process servers.

If either the judgment creditor or the judgment debtor is not realistic and flexible enough, settlement efforts will not succeed. The judgment debtor requires more than a desire to settle, they also need the money to settle with. When judgment settlement works, the judgment creditor gets paid; and the judgment debtor gets their judgment satisfied, so nobody can ever legally bother them about that judgment anymore.

The number one thing that goes wrong in settlement agreements is when the judgment debtor fails to pay the judgment creditor. The creditor must take care to put in writing, that should the judgment debtor fail to pay the agreed amount on time; the settlement agreement is void, and the full amount is now due, and judgment enforcement actions will be attempted and repeated until the judgment is paid.

Without threatening the judgment debtor in any way, politely remind them of the probable expenses, hassles, and time duration for regular judgment enforcement procedures. Without making any kind of threat, impress on them that you are serious in settling or recovering your judgment, and all of the legal options available to you, without threatening or implying that you plan to use any particular action or procedure.

Often, the first settlement offer comes when the judgment owner mails a first "demand letter" to their judgment debtor. If the judgment is old enough for some interest to have accumulated, then one may decide to offer some discount for all, or a portion of the interest owed, in exchange for immediate payment.

In all settlement offers, it is best to include a time limit. Typical time limits are between ten to thirty days. If the judgment debtor flakes or snoozes, they lose. Any subsequent offers should be less advantageous to the judgment debtor than your previous offers. That way, the judgment debtor will see that the longer they procrastinate, the more difficult it will be for them to get any kind of discount.

If your judgment debtor starts making settlement offers or counter-offers, that is progress, and you should "strike while the iron is hot". Respond to any offer initiated by the judgment debtor with a counter offer that is better for you, than their offer. For example, if their first offer to pay you $90 a month for 26 months, you might come back with your proposed offer of $125 a month for 19 months.

When a debtor makes you an offer, you can assume their offer is one they are comfortable with. What you might not know is whether their offer is the best they can reasonably pay. Answering them with your counter-offer may reveal what they can really afford to pay. Getting some money every month is better than not getting any money.

If your debtor really cannot afford to pay more than their first offer, accept their first offer. If they ask you to give up all the interest owed, you might agree to discount or omit the interest only after they have promptly fulfilled all of the terms of the agreement.

Whenever you reach a settlement with your judgment debtor, make sure that every detail is ironed out, and everything is in writing. Approach the judgment settlement in a businesslike fashion. Make it crystal clear that if the debtor fails to adhere to the specific terms of the agreement, all deals and discounts are void, the full amount is due, and you will be free to recover the judgment with gusto.

Introduction To Learned Treatise For The Rookie Expert Witness   Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   Legal Placement Services: The Difference Between Court Reporters and Paralegals