WHAT’S THE WORST THAT CAN HAPPEN?

January 21st, 2010 by admin Leave a reply »

Something most people do not realize about judgments is that most of them go uncollected. Sometimes because those possessing the judgments do not know how to access the judgment debtor’s assets, but more often than not it is because they do not have any…well, at least not enough to pay off the judgment. Unfortunately, most judgments get written off as bad debt. Let’s assume for a minute that this is the case with your judgment. What do you do?
What you do depends largely upon who your judgment is against. Is your judgment debtor an individual or some type of corporate entity or LLC? If it is an individual, and you believe that they may own a home, then you should obtain from the court what is called an Abstract of Judgment. Much like the Writ of Execution it is generally a simple single form that will require little more than your information, the debtor’s, and the details of the judgment. Also, much like the Writ there is a nominal fee that applies.
Once you receive the Abstract back, you take the original copy and attach a Recorder’s Cover Sheet to the front of it. The cover sheet is a simple form that states that it is an Abstract of Judgment, the parties’ names, and the case number. Then either take this down to the recorder’s office in the county that you believe the debtor lives or call the recorder’s office to find out the fee for recording your document and mail it in to them. In a few weeks you will have your conformed copy back from the recorder’s office with the date and number of recordation. The effect of this recorded abstract is to cloud title and/or place a lien on the debtor’s home so that if he/she decides to sell or re-finance their home, you will get paid via escrow. It doesn’t always pay off, but it is a good safety net to have. Plus, it is always fun to get that call from the escrow company!
If your judgment debtor is a corporation, then you may want to log onto your state’s secretary of state website and there you should find a form that allows you to place a UCC (Uniform Commercial Code) lien on the business. Traditionally, there is not much force and effect from these liens unless the business is sold (even then there are ways around it), but the expense is usually nominal and you can rest in the satisfaction that you have done everything possible and taken that extra step.
Aside from these two (2) methods you may be able to contact any licensing or regulatory boards or associations that the judgment debtor belongs to. Depending upon their particular rules and regulations they may be able to place pressure on your debtor via suspension, probation, or maybe just plain peer pressure. These steps may be a last resort, but all of them have worked in the past and they will continue to work in the future so do YOUR due diligence and make the extra effort. It just may make it all worthwhile.

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