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When a civil court matter goes before a court, a judge makes a decision, a verdict. If that verdict is about one party owing money to another, it’s called a civil money judgment. If the defendant does not pay you (few do), then you need to follow the court, state, and federal laws about recovering your judgment money. The court may have some forms, but they cannot help you to enforce a judgment.

 

To enforce your judgment, you need to follow laws carefully. The use of procedures and methods to get some or all of your money is called enforcing a judgment. The exact steps you take depend on which are best fitted for the circumstances of the debtor.

 

There are several ways to enforce a judgment, that involve getting permission from the court. Here are three of the ways:

 

1) Get a Writ (also known as a FiFa or a Warrant) issued from a court. The Writ allows you to ask the sheriff to take assets such as money from a debtor’s bank account or seizing part of their wages. You can also have the sheriff seize and sell some of the debtor’s property at a sheriff’s auction.

 

2) Get an assignment order from the court. This requires a court hearing where a judge decides if you can intercept a cash flow stream going to the debtor.

 

3) Get permission from the court to do an examination of the debtor. You can obtain information which can be used to enquire about the financial situation of the debtor. You can request a production of documents from the debtor or anyone owing money to the debtor. This process is rarely used for directly retrieving the money.

 

Judgment enforcement sounds like it is easy, but it is not. Once the court makes the decision to issue a judgment, it’s up to you to chase the money that is owed to you. Unless you outsource the enforcement of your judgment, you will have to enforce your judgment.

 

The vast majority of people will in some degree refuse to pay the amount that they legally owe. It is really surprising how many people will simply ignore the judgment. This is the situation where active judgment enforcement is required.

 

This may become a situation where judgment enforcers will come in handy. You can find a judgment enforcer that will try to enforce the judgment. They cannot guarantee that they can enforce your judgment, but they only get paid if they are successful, so they will try. It typically costs nothing if they are not successful. All judgment enforcers keep some portion of what they work to successfully recover.

 

Judgment recovery professionals are well educated on the legal recovery methods to claim the money that is owed to you. Judgment recovery professionals search through individual or business assets to find a way to uncover any (hidden?) cash that should have been used to pay the judgment debt.

 

Judgment enforcers have national connections, in case the debtor moves. They have access to databases and resources which can increase the chances of getting your money back from a debtor. With the help of these resources, judgment enforcers, assuming the debtors have assets, are able to recover unpaid judgments fairly quickly.

 

Some recovery operations might take some time to implement. If you want some immediate relief and don’t have time to wait for judgment enforcement, some judgment enforcers can pay you cash up front for your judgment. Be aware cash judgment sales are for a small fraction of the face value of the judgment, as anything can happen, including bankruptcy or death of a debtor.

 

Most judgment enforcers enforce judgments on a future pay basis, paying you about half of whatever they can collect from the debtor. Their fee many vary, not so much from enforcer to enforcer, but more often depending on the debtor’s financial condition. Whatever the fee charged, it’s usually worth it not to have to work and spend to enforce your judgment.

 

Article Source: Mark Shapiro – www.articlesnatch.com

 

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