Collecting money as a judgment creditor can be a complicated process, even with a court order. There are many judgment collectors to choose from, and it can be hard to know which one is the best for your needs. In this blog post, we will provide information on how to pick the best judgment collector in 2023.
We will discuss the different factors you should consider when making your decision, and we will provide tips on how to find the right collector for your case. We hope this information will help you make the best decision for yourself or your business.
It's essential to clearly understand that judgment creditors have many rights before entering into any agreement with a judgment enforcement agency. This way, you can be sure that the company you're working with is reputable and has your best interests at heart.
A solid judgment collector will always value the rights of the judgment creditor above all else. This means that they will work diligently to collect on the debt and will only agree to terms that are fair and reasonable. They will also act with professionalism and courtesy, and they should provide you with any information you need to make an informed decision about how to proceed.
One of the most important things that a judgment enforcer understands is that time is money. This is because every day that goes by without the debt being paid is another day that the creditor is not getting paid. In addition, the longer it takes to collect on a debt, the more likely the debtor will either move or file for bankruptcy, making it even harder to collect.
That is why it is so important for judgment enforcers to act quickly and efficiently to maximize their chances of getting paid. The sooner they can get the debt paid, the sooner justice will be served. So if you are considering working with a judgment enforcer, make sure you find one that understands the importance of time.
The best judgment collectors believe that nobody is above a money judgment. No matter how much money the losing party has, the collector will find a way to ensure the debtor pays. This is because the collector will not entertain any excuses from the debtor, and will use their skills to force the debtor to eventually pay the debt. They will understand that in many cases, it is only a matter of time before the debtor will get tired, give up, and pay.
A strong collector will also go after the debtor's assets, such as their bank accounts, property, or car, if necessary. The collector knows that the sooner the judgment debt is paid, the less likely it is that the debtor will declare bankruptcy and discharge the debt.
A professional judgment enforcer will utilize all judgment collection enforcement methods to get the money you are owed. This means they will not just rely on one method but will use various methods to increase the likelihood of getting the judgment money per court orders. This could include garnishment, asset seizure, judgment debtor exams, or even working with the debtor directly to come up with a payment plan.
By using multiple methods, the collection enforcement agency will increase its success ratio and make it more likely to get the money owed to you. This ensures that you will ultimately get the money that you are owed and can move on from the debt. If you are owed a judgment, make sure to work with a collector willing to use all available methods to get you the money you are owed.
The best judgment collectors will utilize real and personal property liens to collect from a judgment debtor. A lien is an encumbrance or legal claim on someone's property, whether real estate or personal belongings. When you place a judgment lien on someone's property, you prevent the debtor from selling or refinancing the property without first paying off the money judgment that the debtor owes you.
If the debtor does not pay the judgment, the lien will remain on the debtor’s property as a cloud on title. The lien also creates a security interest in the event the judgment debtor declares bankruptcy. Liens are a powerful tool in collecting on a judgment, as they can be used to both secure your position and ensure you ultimately will receive your money. In certain circumstances, you may leverage your judgment lien to conduct a levy and force the sale of a debtor's property.
A garnishment is a powerful tool that can be used to collect a court judgment. Federal law allows the collector to attach a debtor's wages to pay a debt up to 25% over the federal minimum wage. This is a compelling collection method to enforce the judgment entered against someone employed and receiving regular paychecks. Some states do not allow wage garnishment, so it is important for the collector to clearly understand the laws of the jurisdiction where the debtor works or resides.
To garnish a debtor's wages, the collector must obtain a garnishment order from the court (this may be called a Writ of Garnishment, Writ of Wage Execution, Writ of Attachment, or Earnings Withholdings Order depending on the jurisdiction). This order gives the collector the authority to garnish the debtor's wages. The collector then serves the garnishment order on the debtor's employer. The employer must withhold a portion of the debtor's wages and send it to the collector. The amount that can be withheld depends on the debtor's income and the laws of the state in which the debtor resides. Debtors are entitled to claim exemptions from wage garnishment depending on their financial circumstances and the local laws governing the enforcement of judgments.
The garnishment process can be a powerful tool for collecting a judgment, but it should be used carefully. The collector must ensure that the garnishment order is served on the correct employer and that the right amount is withheld from the debtor's wages. If the collector does not follow the proper procedures or does not properly oppose a debtor’s claim of exemption or objection to garnishment, the wage garnishment may be overturned, and the debtor's wages may be released.
A creditor can request a “Writ of Execution” or other court order authorizing the Sheriff to levy upon (seize) the debtor’s assets to satisfy the unpaid judgment debt. A judgment collection company can use a Writ of Execution to capture funds in the debtor’s bank accounts. The Writ is typically delivered to the Debtor’s bank by the Sheriff’s Department or another authorized individual (Registered Process Server). If the debtor has the full amount of the judgment in their bank account, the creditor may be able to satisfy the debt in one fell swoop!
An aggressive judgment collector will utilize the sale of personal property to collect from a judgment debtor. This is especially useful if the debtor has high-value items that can be sold to satisfy the debt, such as inventory or goods in a business, vehicles, expensive artwork or collectibles, boats, aircraft, and even jewelry. A creditor must know the location of the assets and provide the Sheriff with a description of the items/assets to be seized.
The collector can request that the court issue a Writ of Execution authorizing the Sheriff to go out and take control of the debtor’s personal property, then conduct the sale through a public auction, called a Sheriff’s sale.
The advantage of using this method is that it can generate a large sum of money quickly, which can be used to pay off the debt. Additionally, it puts pressure on the debtor to either pay the debt or have their possessions sold.
This is the nuclear option of judgment recovery. In situations where the judgment is sizeable, a collection company may decide to levy and sell the debtor’s real property. Levy and sale of real property at a Sheriff’s sale is a complex procedure that is both time-consuming and expensive. However, if the debtor’s property is owned free and clear or has a substantial amount of equity, it may be the best option to “convince” the debtor to pay up, because they risk losing their property if they continue to evade payment.
Subpoenas are a powerful tool that collection enforcement agencies can use to collect judgments. Subpoenas can be used to gather records and documents from third parties. Documents that may be requested through a subpoena include bank account records, financial statements, tax records, and employment records. These records can help identify assets and income streams that can be seized/levied to satisfy the judgment. An aggressive and experienced judgment collector will regularly use subpoenas to their full advantage to gain any information or documents necessary to collect the judgment.
A judgment enforcement specialist can also obtain a court order requiring the judgment debtor to appear for a debtor’s examination (deposition). A debtor’s exam is a court proceeding, usually recorded by a court reporter, in which the judgment debtor is questioned about his or her assets and ability to pay the judgment. The purpose of a judgment debtor’s exam is to gather the information that can be used to collect on the judgment. The creditor also has the right to subpoena documents from the debtor, which the debtor must bring to the examination proceeding. The debtor can be held in contempt of court for failure to appear at a Judgment Debtor’s Exam, or “Order to Appear for Examination” as it is called in California.
When a judgment is entered by a court, the creditor has the right to send written questions (interrogatories) and document requests to the judgment debtor. The scope of post-judgment discovery requests is generally quite broad, as long as the information sought is relevant to uncovering the income and assets of the judgment debtor that can be used to satisfy the judgment. Common questions include “Where do you work?” “Do you own a business?” and “Do you maintain a checking account?” Refusal to cooperate with post-judgment discovery requests can lead to some sticky consequences for the debtor. The Court may order the debtor to cooperate with the discovery and answer all the discovery requests without objections, upon the motion of the creditor. From there, the Court may issue monetary sanctions or find the debtor in contempt of court if they continue to refuse to comply with the court’s orders. This can be a complicated and lengthy procedure but it may also put significant pressure on the debtor to pay what the court determined they owe.
Utilizing veil piercing to collect from a judgment debtor is an effective way for judgment collection agencies to get the money owed. Veil piercing is a legal doctrine that allows a court to hold a person or company liable for the actions of another person or company if there is a close relationship between them.
This can be used when the judgment debtor is a shareholder in a corporation or when the debtor is a partner in a partnership. For veil piercing to be successful, the judgment collector must show that the relationship between the judgment debtor and the person or company is so close that it would be unfair to allow the judgment debtor to use the corporate veil to avoid liability. Effectively, a corporation cannot be used to shield the debtor from liability if it is being used as the debtor’s personal “piggy bank”.
If you have been awarded a judgment and the debtor refuses to pay, you may consider using veil piercing to collect payment on the money owed. A judgment enforcement agency can help you determine if this legal doctrine applies to your case and can be a viable option to enforce your judgment.
A sound judgment collector will utilize the pursuit of third parties to collect from a judgment debtor. This means that the collector will attempt to locate and contact individuals or businesses that may owe money to the debtor to seize those assets and apply them to the outstanding debt. This can be a difficult and time-consuming process, but it is often necessary to collect on a judgment.
Reputation is everything when it comes to businesses, and the best debt collection enforcers are no different. These individuals and companies have an excellent reputation for collecting judgments efficiently and effectively. Their reputations have been earned through years of experience and success in the field.
If you are looking for someone to collect on a judgment, it is essential to research the various options available to you. Doing your research will help ensure that you work with a reputable and experienced individual or company. The last thing you want is to entrust your case to someone who does not have a good track record in the industry.
When researching a potential judgment enforcement agency, you should always check out their business on review sites like Yelp or Google. This will give you an idea of what other people have thought about working with them. A legitimate judgment enforcer will have an excellent reputation – so if you see many positive reviews, you can be pretty confident that you’re making a good choice.
On the other hand, if you see a lot of negative reviews, it’s probably best to steer clear. After all, you don’t want to work with someone known for being difficult or unprofessional.
So, take some time to read through reviews before you make your final decision. It could be the best way to ensure that you work with a reputable and reliable judgment collector.
Judgment collection enforcers are professionals who help people get the money that they are owed. To be successful in their job, they need to have a solid success rate. This means that they need to be able to collect a large percentage of the judgments that they take on.
There are a few different things that these debt collectors can do to increase their success rate. First, they must be very knowledgeable about the law and the collection process. They should also have a good working relationship with the court system, including bankruptcy court. Finally, they need to be very persistent in their enforcement processes and cannot be the type of collector that will give up.
If you are considering hiring a judgment collector, you should make sure that you choose someone with a solid success rate. This will increase your chances of getting the money that you are owed.
An experienced judgment collector should have plenty of success stories in different collections. Why? Because every case is different, and a seasoned pro will have a deep understanding of the many variables at play in each one.
This understanding comes from years of experience dealing with people, businesses, and situations. And it's this depth of knowledge that allows a good judgment collector to maximize the chances of success in every case.
So, if you're looking for an individual or agency to enforce a court judgment, ask about their success stories. It's the best way to understand their judgment, experience, and expertise.
If you’re looking for a judgment collector in 2023 that will help you recoup what you’re owed, consider one that values your rights as a creditor, understands the importance of time, and has a solid reputation.
Additionally, choosing a collector willing to leverage all judgment collection enforcement methods – including real property and personal property liens, wage garnishment, subpoenas, veil piercing, sale of personal property, the pursuit of third parties, etc. – to get you the best possible outcome.
At Final Verdict Solutions, we have an excellent track record in collecting judgments, and we would be happy to help you with your case. Contact us today to learn more about how we can enforce your judgment.
