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Getting a judgment in court is not the problem in todays world. Collecting that judgment is another matter. The court says you should have it but then how do you get it?

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Fact Sheet

Posted at 4:29 PM on Mar. 24, 2007
 

Below, are some of our most frequently asked questions from Judgment Creditors just like you.   

Can I use an attorney to collect my judgment? 

You can, if you are willing to pay a large retainer, which is usually based on the attorney’s hourly fee of between $125 to $250 per hour.  Most attorneys do not have expertise in the enforcement and collection of a court judgment and in fact, use Judgment Recovery agencies themselves.  Finally, with our service, you pay nothing until we collect! 

How about using a Collection Agency? 

A Collection Agency specializes in making contact with the debtor and irritating him to a point that he finally will send a payment to get them off his back.  This method rarely works for long.  We don’t even confront your debtor.  Simply, we find him, his assets and seize them!  Since we are Judgment Enforcers and not collectors, we have methods available to us that takes money from the debtor’s pockets and puts it into yours. 

What is an “Assignee of Record”? 

An “Assignee of Record” is a person or business in which certain rights have been provided to them by the Plaintiff of Judgment Creditor which is usually outlined in detail in a document presented to the court (See document entitled, “Acknowledgement of Assignment of Judgment Therefore Becoming Assignee of Record”). 

Do I have to pay for the expenses incurred in enforcing my judgment? 

No.  Our service is designed to cost you nothing up front.  We advance the cost of all expenses incurred in the collection process.  The expenses (which usually run under $100) are then deducted from the judgment settlement before it is divided.  We even petition the court to have this amount added to your judgment, so your debtor is ultimately forced to pay these expenses before a Satisfaction of Judgment is filed with the court. 

Is there any guarantee you will collect my judgment? 

Unfortunately, No.  However, prior to us making an offer to collect your judgment, our investigative team conducted a free, no obligation preliminary asset investigation on your debtor.  We would only make an offer if we felt that there is a good possibility of collection on your case within the next six months.   Financial situations can change overnight whether it is good or bad.  Regardless, you can be assured that we will do our very best in collecting your court judgment, after all we only get paid if we collect! 

Is there a statute of limitations on collecting my court judgment? 

Yes.  In Nevada, it is 6 years.  Depending on the state your judgment was entered, it could be within 5 to 20 years.  However, a judgment can be renewed for another 6 years (in Nevada) if this petition is filed prior to the expiration of the 10 year date.  Sometimes, the older the judgment is, the more relaxed the debtor has become in hiding his assets and the collection of that judgment comes with much greater ease. 

Can you just find my Debtor’s bank account and I’ll collect the judgment myself? 

Yes, unlike many other Judgment Recovery Companies, we do provide you a choice when it comes to collecting your court judgment.  Based on the results of your no-cost / no-obligation preliminary asset investigation on your debtor, we will either provide you one or two options.  Simply put; if our investigative team believes that ample assets exist to successfully recover some and perhaps all funds within a six month period, you will be provide 2 options to choose from.  The choice is yours! 

I only received one option, what does that mean? 

It depends.  It might mean that based on our no-cost / no-obligation preliminary asset investigation, our investigative team does not feel that they could find an ample amount of assets to recover funds within a six month period.  This does not mean that your court judgment is not collectable but instead, the possibility of collection might be a lengthy process or the risk factors might be high (such as potential bankruptcy).  

The debtor has threatened me and I do not want him to have my home address, can I keep this from him? 

Yes!, All of our documents must meet certain Nevada Rules of Court and Code of Civil Procedures, which must include an address for both the debtor and the plaintiff, you can provide a mailing address in lue of your personal residence address.  The only document that we will file with the court is the document entitled, “Acknowledgement of Assignment of Judgment Therefore Becoming Assignee of Record”.  In California, and many other states, court documents are public information and could be reviewed by anyone seeking to do so.  We recommend that if you have an alternate address (such as a mailing address) to use this address on this document.  Usually, this is the only document in which your address will be needed.  Our address will appear as the “Assignee of Record” throughout various court documents.

You can provide your home address along with contact telephone numbers on the document entitled. “Agreement for Assignment” with ease since this is not filed with the courts and is kept strictly within our confidential policy and procedures guidelines. 

Will you be contacting the debtor and demanding him to pay now? 

Unlike the attorney or collection agency, we never talk to the debtor until the debtor has usually lost something (for example, a trip to his ATM and finding out that there is no balance in his accounts) might produce a telephone call to our office.  We have the most sophisticated and state of the art search equipment to locate a person and his assets.  There is no need to call him and let him know we are coming after him.  There is no need to talk him into paying, that approach was probably attempted in court.   We quietly locate him and his assets, file the appropriate paperwork with the court and instruction the levying officer when and where to seize the assets.   Once the debtor receives notice that his wages have been garnished or his bank account has been levied, the debtor is provided ample information to contact our office if he wishes to do so. 

I thought it was against the law not to pay a court ordered judgment, shouldn’t the debtor be in jail? 

No, it is not against the law not to pay your bills.  We do not have a “Debtor’s Prison”.  With over 80% of the judgments entered in this country remaining uncollected, we would not have enough room to imprison such people if we had too.  After all, if your debtor were jailed, finding a bank account or place of employment would not be too promising.  Our job after all, is to collect your judgment! 

I have a judgment in California that resulted from a car accident several years ago.  I had the debtor’s driver’s license suspended but he still hasn’t paid me.  Won’t the debtor have to pay me before getting his license back? 

Good question. This tactic is one that can be used if your judgment meets certain criteria and of course, does not guarantee payment to you from the debtor but can cause a major inconvenience especially if your debtor’s employment requires that he possess a valid driver’s license. 

The license must be suspended within the first three years or the DMV will not suspend it.  The license will only stay suspended for three years after you file with the DMV, then the debtor can get it back (even without paying you!).

The judgment must be over $500.00 for the three year suspension.  Judgments under $500.00 will only result in a 90-day suspension.  You can renew the suspension tactic after you renew your judgment.   

I think my debtor has moved out of the state, can you help me now? 

Absolutely, our skip-tracing and asset investigation techniques are available on a global basis. Many times our investigation leads us to assets located outside of Nevada.  Our Investigative Team has resources to successfully collect your money regardless of where it is. 

How long before you “show me the money”? 

It all depends on the difficulty in locating the debtor and uncovering his assets.  You can typically expect to see some preliminary results within 30-60 days.  You will be provided a MSR (Monthly Status Report) which will outlined our progress to date.

I’m ready, now what?

If an offer has already been made to you with 2 options, review the different options and choose the best option for you.  Review the cover letter and follow the appropriate instructions for your chosen option.  If no offer has been made to you, simply fax us at (702) 562-2140, a copy of your judgment along with any information that you might have on the debtor.  Our investigation team will perform a no-cost / no-obligation preliminary asset investigation on your debtor.  This investigation usually takes 72 hours to complete.  After which time, we will contact you personally to discuss the possibility of collection on your case. 

If you have more questions, please don’t hesitate to contact us at (702) 275-6945.

Or email Chris@Chris Shouse.com

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