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.
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 today than the day it was awarded.
Are you an attorney? Can you just tell me what to do and I will do it?
Civil Judgment Enforcement Services is not licensed to practice law in any state and therefore, cannot give you legal advice. Anything said should not be considered legal advice and does not represent your interests. If you feel you need legal advice, you should contact an attorney licensed to practice law in your state. Once you assign the judgment to Civil Judgment Enforcement Services, the company becomes the legal asignee of record, and only then the debtor can legally be pursued.
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 $250 per hour, whether they ever recover anything or not. Judgment enforcement is a very specialized process, and most attorneys are never trained on how to investigate the debtor then locate the assets and sieze them to get their clients paid. Civil Judgment Enforcement Services pays you per our agreement.
How about using a collection service?
A collection service may contact the debtor and irritate him or her! They may even place a black mark on their 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. Civil Judgment Enforcement Services, as the legal assignee of record of a court judgment, can investigate the debtor, locate his/her assets and seize them to enforce the judgment.
Is there any guarantee that you will be successful?
No. Sometimes there are simply no assets to seize. But you can be sure that I will do my best, because if unable to enforce your judgment - no one gets paid! This gives a serious incentive to succeed.
Must I pay any of the expenses incurred in enforcing my judgment?
No. In fact, I purchase the judgment from you, usually on a future pay basis. At the time that I purchase your judgment, I've neither had the opportunity nor the legal right to investigate the judgment debtor. I can only do that after filing an 'Assignment of Judgment' with the courts. I then investigate the judgment debtor, and in accordance with the laws of your state, proceed with enforcement efforts. Only after our investigation can I 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. Civil Judgment Enforcement Services is motivated 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 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/she 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, Civil Judgment Enforcement Services will complete an agreement detailing the specifics of the purchase of your judgment. If acceptable, you will then assign the judgment making the company the assignee of record. Once the assignment documents have been filed with the court, the process of enforcement begins. Civil Judgment Enforcement Services will then make payment to you based on the funds recovered from the judgment debtor, per a written agreement.
I'm sold! What is my next step?
Just complete the short online application found here. You will be contacted by telephone and sent the necessary documents for you to sign. After filing your signed documents with the Court, enforcement of the judgment will begin immediately.
And now, a question for you: how will you spend your judgment award?