1.) Can't the debtor just go to jail for not paying my judgment ?
No, unfortunately it's not against the law to owe money on a judgment however, when the Debtor purposely refuses to comply with the court order to appear, after enough failed appearances, the judge may issue a bench warrant for their arrest.
2.) Why won't my debtor pay what the court has awarded me ?
They either simply don't have the money to pay or they have the money and feel that it's not a priority to pay your what's rightfully owed to you.
3.) What are my options in order for me to collect my judgment ?
With an upfront charge, you may hire an attorney, or a collection agency. You'll be guaranteed a bill whether they're able to collect or not. OR you can give us a call and if we're able to help, it will simply be on a contingent basis only if we're able to collect.
4.) How much do you guys really charge to recovery my assets ?
As there is absolutely no upfront cost for you to bare at all, after initial expenses are regained, we will usually charge 50% on the back end for what ever we're able to recover. Depending on your judgment and in certain circumstances, we may offer to buy your judgment outright and write you a check leaving you free and clear.
5.) Are you a law firm or a collection agency ?
No, we are neither. As a judgment enforcer, we simply buy judgments on a future pay basis or we will buy out certain judgments up front and write you a check for your judgment.
6.) Couldn't I just use a law firm to assist me ?
Yes, absolutely. we always recommend seeking legal advice. If they can help you great, however, they'll expect payment upfront, where our payment comes from what we are able to recover.
Frequently Asked Questions
7.) How are you any different than a collection agency ?
A lot of collection agencies will try using scare tactics such as demand letters and repetitive threatening phone calls to intimidate the Debtor to pay. After time goes on and when these tactics don't work, the Debtor's account will usually be charged off. After we provide a letter of assignment and demand letter, we instruct the Debtor to comply immediately in order to avoid any legal avenues that we have at our disposal in order to help collect on your judgment.
8.) Does my judgment have an expiration date ?
Yes, it definitely does. Each state's statue of limitations is different so you'll want to check your state with where the judgment was filed to find it's expiration date.
9.) What is an "Assignee of Record" ?
As the plaintiff in your case, you are the creditor. When you assign the case over to us, this makes us the Assignee of Record. After you sign our Acknowledgement of Assignment of Record, we will then file this with the court. We then have the legal power to go after the Debtor for the unpaid balance plus any interest that has accumulated over the years.
10.) Can you guarantee recovery of my assets ?
No, I wish we could but there's no guarantee simply because we won't know what type
of Debtor we're dealing with until we start looking for assets to recover the judgment balance. We may find out that the Debtor actually wants to pay but truly has no money
to do so.
11.) How will you interact and communicate with my Debtor in this matter ?
Although we are legally aggressive, we always give the benefit of doubt that if the Debtor has the assets, they'll want to pay. If full payment can not be retrieved immediately, we will work out a payment plan (with interest) for the Debtor, creating a win-win for everyone. Although we're not a collection agency, we strictly adhere to the (FDCPA) Fair Debt Collection Practices Act when dealing with Debtors.
12.) What if my debtor has filed for Bankruptcy ?
Most of the time when a Debtor files for Bankruptcy, it will relinquish them from any current debt as long as they filed those debts owed to you within their bankruptcy request. What this means is that if they failed to file your awarded judgment on their bankruptcy request, there's a chance we can still go after them for your unpaid judgment. The key here is following through to see if they've actually received bankruptcy or if they failed to qualify and were simply rejected after the filing.
13.) How quickly can you recovery my assets ?
We stand behind our name for Rapid Response. Unfortunately the other entities that we deal with such as the courts, banks, constables, and other parties may not move
as quickly as we'd like them to. Honestly, this can take months depending on your judgment amount, appeals, and tactics that the Debtor may try to use to delay paying.
14.) How involved do I have to be if I assign my judgment to your firm ?
This requires no involvement on your behalf. After assigning your judgment over to us, we'll have you fill out our Debtor's Profile Sheet with all the necessary information and previous paperwork that you've collect from you case, pending your case criteria, we'll go right to work on retrieving your assets. After you've assigned your judgment over to us you won't have to deal with the Debtor or the courts as we will handle the whole process with them in order to recover your assets.
15.) Do you take on every judgment that comes along ?
No, not every case. Unfortunately there are some Debtors out there that our in fact "Judgment Proof" due to a lack of assets, unemployment, receiving welfare or specific benefits, or they only own property that is exempt from any recovery efforts. But we won't know until you provide us with the details in your case.
16.) What if I have multiple judgments ?
Absolutely, Let's take a look at your portfolio and see what we can do for you.
17.) How do I know that I'll fairly be paid my agreed share ?
After the court cuts us checks for the remaining judgment amounts recovered, we'll scan each check and send you the photo-copied checks along with your checks for your agreed amount.
18.) Ok, what do you need from me to get started ?
Give us a call and let's discuss your case. We'll send you a Debtor's Profile Sheet. We need you to fill out as much info as you can on the Debtor. The more the better. If the Debtor has the assets to collect, we'll get started immediately.