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Judgment
Recovery Frequently Asked Questions
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. Some states provide a way of renewing your judgment for
an additional period of time.
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 than the day it
was awarded.
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 $175 per hour, whether they ever
recover anything or not. When we
enforce the judgment, we pay you per our agreement.
How
about using a collection service?
A collection service may contact the debtor and irritate him to
death. They may even place a black mark on his 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. We, as the
legal assignee of record, are not affected by many provisions of
the FDCPA. We can investigate the debtor, locate his 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 we will do our best, because if we are unable to enforce
your judgment - we don't get paid!
This gives us a serious incentive to succeed.
Must
I pay any of the expenses incurred in enforcing my judgment?
No. In fact, we purchase the judgment from you, usually on
a future pay basis. At the time that we purchase your
judgment, we've neither had the opportunity nor the legal right to
investigate the judgment debtor. We can only do that after filing
an 'Assignment of Judgment' with the courts. We then investigate
the judgment debtor, and in accordance with the laws of your
state, proceed with our enforcement efforts. Only after our
investigation can we 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. We will try our best to get results in the first
few weeks, but it could take several 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 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, we complete an agreement detailing the specifics of the
purchase of your judgment. If acceptable, you will then assign the
judgment to us making us the assignee of record. Once we
have filed the assignment documents with the court, we will have
the legal right to investigate the judgment debtor and proceed
with the process of enforcement. We will then make payment to you
based on the funds recovered from the judgment debtor, per our
agreement.
How
much is your fee?
Generally speaking, the fee earned by Judgment Recovery Associates
is 35 to 50% of the amount we collect from the judgment debtor,
depending on the amount and age of the judgment. 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.
If there is nor recovery, there is no fee.
I'm
ready to finally collect. What is my next step?
Just complete the short online Inquiry
Form or Contact
Us. We will
contact you by telephone and send the necessary documents for your
signature. On return of the signed documents, we will immediately
initiate enforcement of the judgment.
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