Frequently Asked Questions
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. Click the 'Calculator'
link in the column to the left to calculate the amount of post-judgment
interest due on your judgment.
Why 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.
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.
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
upfront 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.
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.
I'm sold! What is my next step?
Just complete the short online application by clicking 'Submit' in the
column to the left. 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.