Asset Investigation Used As A Tool For Judgment Enforcement
As judgment winner, you feel some satisfaction once the court decides in your favor. Although you have yet to receive any money owed you from the debt, there is a feeling of satisfaction. However, this warm feeling may be short lived since many individuals that have been awarded judgments come to the realization that it is up to them, not the courts to collect on the debt. Judgment collection is time consuming and requires a dedication to the effort of judgment recovery. Frustration is almost always part of the process since the individual may not know all the legal options available to them for collecting the judgment.
Aside from the normal channels of bank levies, wage garnishments or other measures, asset investigation is often overlooked. Remember, it is up to you as the judgment winner to enforce judgment. You have the legal right to do so as awarded by the courts. Asset investigation is best handled by a judgment recovery specialist that can handle asset investigation.
Judgment enforcement can be carried out many ways and asset seizure is just one of the tools available and supported by the courts when you were awarded the judgment. Asset investigation is the process of finding real property, accounts or anything of value owned by the judgment debtor that can be seized and sold to pay toward the outstanding debt. Once the debtor realizes you have been awarded the judgment, they will most likely understand their assets are at risk of seizure by you. Many will begin to seek out ways to hide these assets to avoid paying the debt levied against them.
A judgment recovery specialist begins with basic information about the debtor. Name and possible aliases, date of birth, social security number, current or last address, place of employment or last known employer, all of which are crucial to the asset investigation process. Once this information is obtained, the judgment recovery specialist can begin to build a file on the judgment debtor and begin his asset investigation.
Once he has begins to build his profile of the debtor with basic information, he can then begin to looking for more detailed information. Credit reports are excellent sources of information. Past accounts, former addresses, co-signers on loans, friends and families used as refrances on loan applications and credit card applications can all be found in through credit report information. The more information the judgment recovery specialist obtains, the better his chances of locating assets owned by the debtor.
Other sources of information can also be added to the profile of the debtor. Voter registration, other civil records such as marriage licenses, divorce petitions, bankruptcy court records and other financial accounts. Once this information is added to the profile, the judgment recovery specialist will soon begin to see the true nature of the debtor’s financial status and even if the debtor has the ability to pay the judgment.
Asset investigation can be the key to judgment enforcement and collecting the debt owed to you by the debtor. Painstaking and at times difficult as it may be, by employing the services of a judgment recovery specialist may be the only option available to you as the judgment winner trying to collect a debt. If you are a business owner with little time for the debt collection process, a judgment recovery specialist may be your only option if you ever hope to collect the money owed.
Collecting Tenant Judgments For Landlords
Being a landlord is a difficult vocation and one area which is extremely difficult is collecting past due rent from tenants that have defaulted in the rental agreement. Being a landlord is a business and the property you rent out to tenants is the conduit for a return on your investment. Unpaid rent is bad enough, but what about damage to your investment property inflicted by those same tenants that skipped out without paying the rent. Getting a judgment against the tenants is essential if you ever hope to collect a on the past due rent as will as be compensated for the damages. Difficult yes, but it can be done with diligence and commitment.
In most cases it takes months or even years to collect on your judgment but once the judgment is obtained from the courts, you have the legal right to collect on the debt owed.
It should be understood that an awarded judgment by the courts is not an order for the tenant to pay you on the spot in the courtroom, even if they could. The awarded judgment is the legal right by you as the landlord to use whatever tools or possible means available legally to collect on the debt. State laws vary from state to state so it is vital that you check local laws before beginning your judgment recovery.
Although state laws may vary, there are many common tools utilized by landlords to enforce judgment and collect for past due rent and damages. Once the judgment is recorded in the court records the landlord obtains an Order of Execution and becomes a matter of public record. The judgment also shows up on the debtor or former tenant’s credit report as a judgment against them. This mark against them on their credit report in some cases may be enough for them to approach you and work out a solution to the problem and hopefully avoid further means to collect the debt. A damaged credit report can be a powerful motivator to many and compel them to rectify the credit report by settling the debt.
Wage garnishment is also another tool available to landlords whom have been awarded judgments and a powerful motivator to compel the former tenant to settle the debt owed. For those tenants which have worked at the same place of employment for a long period of time, results may be better than expected. Odds are excellent the debtor is not going to leave a place employment they have held for years and will either begin negotiations with you or continue to let the garnishment stand until the judgment is satisfied.
However, wage garnishments may not be as effective against a debtor that has been on his job for a short period of time. Once the former tenant realizes you have obtained a garnishment, they will most likely leave the job and seek employment elsewhere leaving you to begin the search for alternative methods of collecting the judgment. Although the notice of wage garnishment does announce to the debtor in clear language you are serious about collecting the debt and are not likely to go away. The debtor will either deal with you on settling the debt or begin to realize he will be playing a cat and mouse game for the next few years. Of course once they leave the job to find another to avoid garnishment, the detective work on your part begins to find the new place of employment.
Another means of judgment enforcement it by utilizing liens against real property. If the debtor owns a car, boat or even land if they happen to own any. Once a lien is placed against the property, whenever it is sold the money from the sale comes to you up to the total amount of awarded judgment. Collecting tenant judgments can be difficult but is a process that can be utilized through legal means to collect on past due rent and compensate you for damages as a result of tenant neglect. By utilizing the power of the civil legal system, you can be successful at judgment recovery if patience and determination are employed.
Guidelines For Small Business Debt Collection
Running a business can be a rewarding and fulfilling experience but also frustrating. One of the major concerns many business owners face is small business debt collection. As a business owner, your time is better spent pursuing and building your business and taking caring of your customers, not collecting debts. Delinquent accounts not only tie up hours of precious time but also cash flow, the life blood of any business.
Fortunately, there are steps and resources available to the small business owner to help collect on delinquent customers. Before delving into possible solutions to debt collections, you should first consider this important fact. If a debtor is behind with you in his account, then he is probably behind with other accounts with other vendors. If this is the case, it is incumbent on you as the creditor to be diligent in collection of money owed to your business. If the debtor hears from you often he will soon realize you aren’t going away until the situation is resolved and the debt paid in full.
Now, let’s move on to possible solutions to your small business debt collection problems. First, the debtor needs to know of your intent to vigorously collection on the debt. Once the thirty day delinquent status is passed, immediately send documentation directly to the debtor advising them of the past due status and remit payment immediately. Also make sure to let them know should they be having difficulty making the payment, they should make contact with your accounts receivables department and work out payment arrangements.
If after ten to fourteen days you have received no response from the debtor, you should then call them and speak with them about the debt. If they cannot make the payment, then you should make an attempt to offer some form of installment agreement re-payment plan to collect the amount over time. The last thing you need is for all communication to be shut down between your business and the debtor. Strive to keep the lines of communication open.
If attempts to reach the debtor by phone are unsuccessful, it will be necessary to post another letter making them the aware of the seriousness of the issue and if they have not responded within seven days, the services of a collection agency will be commissioned in order to collect the dent owed. In most cases, businesses as well as individuals prefer not to deal with a collection agency.
The biggest mistake you can make in small business debt collection is losing the lines of communication with the debtor. Always attempt to keep some form of dialogue going on between your business and the debtor. Once the lines of communication grow cold, in many cases you have no other choice but to employ the services of a professional collection agency or eventually file a lawsuit in order to obtain a court judgment and the proceed with judgment recovery through the civil legal system.
Judgment Recovery And The Use Of A Bank Levy To Collect Judgments
What Is A Bank Levy
If and when you as the judgment creditor locate the bank accounts of the judgment debtor, you can file for what is called a bank levy and have the balances in the accounts frozen and turned over to you to satisfy the judgment you have been awarded. Bank levies are most often used by the Internal Revenue Service to compel payment of back taxes, but is also a tool that can be used by individual judgment creditors. A bank levy is used after numerous attempts have been made by the creditor to collect money owed. If the debtor continues to refuse payment of the money owed, the creditor will very often take the debtor to court and have a judgment placed against the debtor for the balance owed on the debt.
After the judgment is awarded and the debtor continues to refuse payment for settlement of the debt, a bank levy can be used to seize any and all back accounts and the balance on hand will be frozen for a period of time, usually 21 to 30 days, and then turned over to the creditor. However, the judgment debtor can contest the bank levy during this period and file for a extension in some cases where certain funds are exempt. Money that is deposited in the account that are VA benefits, welfare payments, social security benefits or child support payments are exempt and cannot be seized.
How Long Is A Bank Levy In Force
Many times when people think of a bank levy and a bank account being frozen, they mistakenly believe that the debtors bank accounts are frozen until the judgment is paid in full and satisfied. However, this is not how a bank levy works. When a judgment creditor has the proper paperwork sent to the debtor’s bank, the bank levy is only good for the balance on hand the day the debtor’s bank receives the bank levy. Once the bank receives the bank levy, the balance on hand is frozen and set aside for a 21 to 30 day period depending on local laws, and held by the bank until this time has expired and then sent to the creditor.
After the bank levy has been processed and the balance on hand is frozen and set aside, the debtor can make deposits without worry the new deposit will be added to the money that has been frozen. The bank levy issued is only good for the amount on hand when the bank receives the levy from the judgment creditor. The debtor’s bank account is not actually frozen with all future deposits automatically going to the creditor. Bank levies are a “one time shot” for only the balance on hand. Although the creditor can issue bank levies as many times as they wish, they do not freeze the bank accounts of the debtor indefinitely which is mistakenly believed.
Although bank levies are an effective tool for judgment recovery purposes, they should however be used only after all other attempts to collect the money have been ignored or refused. Very often after a debtor’s bank accounts have been levied, they will close the account and open a new one at another bank which forces the creditor to find new accounts. In some cases the debtor will start using bank accounts of friends and family to avoid the collection process completely which makes the process even more difficult for the creditor.
Debtor Judgment | How To Make Money In Judgments Collection
Why People Default On Loans And Other Financial Responsibilities
People and families that struggle financially very often will meet the most important monthly expenses needed first before meeting secondary obligations. House notes or monthly rent along with food are the first obligations that will be paid before any other, followed by water and power bills with car notes and fuel following close behind. These are obligations that must be met in order to go about daily life. Obligations that were once being paid on time go to the wayside until the financial resources can be found to pay the obligation or the debtor will try to evade the payment process altogether.
Reason vary as to why people do not pay their bills, however the largest two factors are job loss and large medical bills. Unfortunately, some people just don't pay their bills simply because they don't want to and will evade all inquiries about payment.
Civil Court Awarded Judgments
Individual creditors very often find themselves in civil court in order to get a debtor judgment awarded against the debtor to compel them to pay what is owed. Unfortunately, this is just the tip of the iceberg for the creditor which will soon learn that winning a judgment is most likely the easiest part of the whole collection process. Although the court findings are awarded in the creditor's favor, the civil court system does very little in terms of enforcing the judgment which is left completely to the creditor.
Why An Estimated Eighty Percent Of Judgments Go Uncollected
The single biggest factor as to why 80% of all judgments are uncollected is twofold and also varies form creditor to creditor. The number one reason is lack of knowledge. Individual judgment winners that prevail in court very often have never even been in civil court and know very little about collection procedures and often give up in frustration.
The second reason is money. Individual creditors know that retaining a law firm that specializes in debt collection can prove to be successful but very few law firms will even consider a case unless the amount awarded is over $10,000 or more. Plus, will hours billable at $150 or more, retaining a law firm can very often cost more than the judgment is worth. The could also retain the services of a professional debt collection agency. However, larger reputable collection agencies very often only cater to larger clients than can pay excessive fees for their services which completely eliminates and advantage for the individual creditor.
How You Can Make Money In Debtor Judgment Collections
For people that have an enterprising spirit and a don't give up attitude, collecting judgments on behalf of individual creditors can be a financially rewarding business that can generate an income of six figures without a long learning curve. Of course obtaining the knowledge necessary to be successful would be the first priority and their are courses available that will provide potential judgment collections business owners everything they need to know about the judgment collecting business.
One such course is Judgment Recovery Cash Flow System developed by James Erhardt, a successful judgment recovery business owner. Compiled and designed by Mr. Erhardt, the system is based on years of experience in providing services to judgment creditors. The course teaches potential judgment collectors everything they need to know to be successful in the judgment recovery business although it is not a get rich quick scheme.....WORK AND COMMITMENT are required in order to be a success.
Mr. Earhardt provides the road map and all you need is to follow the map which includes:
How to find a large number of judgment collections
How to have these judgments assigned to you as a judgment collection specialist
How to levy bank accounts
How to garnish wages
How to find property owned by debtors, and more..
Everything you need to begin a career specializing in collection of debtor judgment is included in the course.
Learn more by visiting Mr. Erhardt's website at:
http://collectjudgment.info/
Judgment Recovery - Skip Tracing Your Way To Success Collecting Judgments
On of the largest obstacles for creditors that have won civil court cases against debtors is locating people and assets to begin the judgment recovery process. As most individual creditors soon realize, winning a judgment in civil court is just the beginning of the battle. Once the gavel comes down and judgment is awarded on behalf of the plaintiff, the courts for the most part, are done although the courts do provide tools that can be utilized by creditors to enforce judgment with full authority of the courts.
One such tool is wage garnishment if the place of employment can be located. Another tool that is available is a bank levy. Bank levies are used to freeze the balance in the account for 21 days at which time the funds will be turned over to the creditor. Property liens are another way of satisfying a judgment and collect the amount owed by the debtor.
The above mentioned tools are all available to creditors for judgment recovery and are all authorized for use by the courts. However, in order to implement these tools in use for judgment enforcement, a creditor must first locate places of employment, bank accounts and property of the credit debtor.
Skip Tracing Collections In Judgment Recovery
Skip tracing is a term used to define tactics used to locate people, bank accounts, places of employment and property that is owned. These tactics are routinely employed by debt collectors, private investigators, law enforcement agencies, bail bondsman, law firms and individuals that are in the business of skip tracing. For this sake of this article centered around judgment recovery, we will focus on the area of skip tracing in terms of locating assets or places of employment.
In order to skip trace judgment debtors with success, we must first start at the beginning. Creating a file with as much personal information that can be gathered is the first step. Of course we are going to know the debtors name but we must also build a historic profile. We must determine if the debtor is single or married and if married, what is their spouses name. Following the paper trail of a spouse may be all you need to locate the debtor since the spouse may not be trying to avoid the judgment recovery process.
The skip tracer will also want to locate the social security number of the debtor, date of birth and a last known address if possible. Experienced skip tracers and bill collectors also do phone number research and if the phone number of the debtor can not be found, very often contacting neighbors if an address can be found will very often produce a very quick response from the debtor. People are generally very embarrassed by the bill collection process and will quickly contact a bill collector in order to cease embarrassing phone calls to their neighbors.
Locating past employers can give and indication of what industry the debtor may be employed in and could greatly reduce the amount of time searching for the debtor since a majority of people remain within the industry in which they have been trained. Educational backgrounds can also be researched to determine a likely path to begin skip tracing efforts. Personal information such as drivers license numbers, credit reports and passports can also provide a wealth of information that can be invaluable in the skip tracing effort.
Skip tracing is a learned skill and one size does not fit all. Creativity and innovation are the trademark of a successful skip tracer. Skip tracers with the ability to think outside the box do well within the industry and make an excellent living as their services are highly sought after by collection firms and law firms. The Information Age that came with the advent of the Internet have made skip tracing and judgment recovery much easier. Personal and financial records along with addresses and employers can be located of judgment debtors utilizing databases that are readily available if creditors and judgment recovery specialist know where to seek out these valuable resource.
Visit http://collectjudgment.info/ for information.
Judgment Collection - How To Be Successful Collecting Judgments
There is currently a great deal of information provided by the media outlets, including the Internet, covering all aspects of debt relief or how to avoid bankruptcy with very little attention given to judgment collection and the enforcement of court ordered awarded judgments. Unless you are in the business of debt collections or specialize in bankruptcy, there is little chance of the layperson being fluent in judgment recovery.
What most people don’t know is there are approximately over $230 billion in uncollected court-ordered judgments on the books in the United States and it is estimated that almost 80% of these will go uncollected. There are a variety of reason this is the case with the most dominate reason being judgment winners don’t know how to enforce judgment without the help of a attorney.
Although the courts provide the winner of the judgment with the full authority and weight of the courts to enforce collection, they provide little if any information about how to go about judgment collection. This part of the collection process is left entirely to the winner in the case with these people very often giving up in frustration. Debt collection law firms often will not even consider a collection case unless the amount is over $10,000 or more and there are retainer fees and hours that are billable at $150 per hour or more which makes retention of a law firm untenable for the judgment creditor.
Fortunately there are courses available for people to learn about judgment recovery, which teaches them how to locate places of employment, bank accounts, property and other assets that can be levied or liens put in place to collect judgments. These courses are also available to people that choose to go into business as a judgment collecting specialist collecting judgments for people that do not have the time or money to either do the research or retain a high priced law firm.
There are large debt collection firms that specialize only in debt collection which are available to judgment creditors to help with judgment collection. However, most all of these collection agencies cater to large commercial clients such as credit card companies or loan companies that can provide the collection agency with a large pool of collections. Expensive and unreasonable for the budget of the individual judgment creditor, large collection agency are not usually a viable resource.
There are two ways that a judgment creditor can increase their chances of recovering the money that has been awarded by the courts.
Judgment Collection Specialist
Judgment collection specialist are individuals that are in the business of collecting court awarded judgments on behalf of judgment creditors that cannot afford to pay expensive fees to lawyers or collection agencies.
These specialist work on a commission base and are paid a agreed upon portion of the amount collected and only if money is collected. Very often, judgment creditors have tried, to their wits end, to collect the money they are owed to no avail and often give up in frustration, with this being the reason why almost 80% of all court awarded judgments go uncollected. Utilizing the services of a judgment recovery specialist can very often increase the chances of being successful in collecting the money a judgment creditor is owed.
Do-It-Yourself Judgment Recovery
The last option available are people that choose to learn all they can about the judgment collection process and are people that are not that take being unsuccessful lightly. However, for people that do not know where to start, a judgment collection course is the best option. Although most judgment collection courses are designed around the idea that the person taking the course has the desire to become a judgment collection specialist, judgment creditors can utilize a judgment collection course to collect their money for a fraction of what it would cost to retain a law firm or employ the services of a collection agency. In some cases a judgment collection course can be purchased for under $50.
If you are the winning party in a judgment and need information about how to collect your judgment, visit http://collectjudgment.info/ and discover techniques and procedures that can increase your chances of collecting the money you are owed. Judgment collection is also a very lucrative business for motivated individuals that desire to be build a home based business and increase their income substantially.
Judgment Collecting: Can You Be Profitable Collecting Judgments?
Collecting Judgments Goes Unoticed By The Population At Large
If you are reading this blog searching for information about judgment collecting - then congratulations!! You are just one of the 1600 people that searches for information on this subject on average each month. For those unaware, Google provides search information freely on keywords or search terms, listing the monthly search traffic for any given word or phrase. What is the significance of only 1600 people searching out information about "judgment collecting"? Keep reading….
Although only 1600 people on average seek out this information, there is over $230 billion dollars each year in judgment money that goes uncollected. That is $143,750,000 for each person that searched the keyword term, "judgment collecting".
Civil Judgment And The People That Actively Seek Out This Information
There are three different types of people that are actively seeking out this information: 1) people that have had civil judgments placed against them and are seeking information about what they should do to avoid collection; 2) people that have been awarded a civil judgment and are looking for information on how to collect their judgment; 3) people that are looking for information or a course about how to get in the business of judgment collecting to profit from collecting part of the $230 billion in awarded civil judgments on the books in the United States.
If you are a part of group one, this blog may be helpful if only in terms of learning what kind of collection practices are used to collect the civil judgment that has be placed against you and or your assets. If you are a member of the second group, you can benefit greatly from the information provided on this blog and gain the knowledge needed to help you collect the money you have been awarded by the courts. However, if you are a member of the third group searching for information to learn how to make money judgment collecting, then this blog is specifically for you.
Grabbing Your Part Of $230 Billion In Awarded Judgments
$230 billion is a very LARGE sum of money and a large percentage of this sum is collectable. But we must first understand what an awarded judgment is in terms of the legal point of view. A judgment awarded by the court to a specific party is a set sum of money that is awarded by the court in the form of compensation for an injury or wrong suffered by the winning party or simply, when one party sues another and is awarded the judgment in the form of cash by court order. Unfortunately, gaining the award is the easy part, collecting the money is very often the difficult part of the process. The courts do not participate in the collection process. Collection of the judgment or money is the responsibility of the winning party. Since the court systems only provide the power or right to collect the cash with no advice on how to collect the money, many times the winning party often considers the services of an attorney. Unfortunately, many attorneys will not even consider the case unless the amount of the awarded civil judgment is over $10,000. However, some attorneys will accept cases for less then $10,000 but this can be expensive with a retainer fee usually paid up front and billable hours in some cases in excess of $150.00 per hour, which can quickly erode the amount of money collected if any at all. This is why almost 80% of all awarded judgments go uncollected and why people that have the knowledge and know how of judgment collecting are making a mint collecting civil judgments for others.
The Courts Do Provide Judgment Collecting Tools
The courts may not collect awarded judgments but they do provide a variety of tools that are available to the winning parties. One of the most popular methods is garnishment. If the party that owes the money is employed, a garnishment can be exercised with the full power and weight of the courts. Once the place of employment is located, you can simply have the courts or local sheriff’s office deliver the instructions to the employer to garnish the wages of the party that owes the money. Each pay period the employer will send out a check to the winning party. In some states the winning party can collect up to twenty-five percent of each paycheck.
Bank levies are another way of collecting judgments. In this case the collector will supply the proper paper work to the bank along with a court order and the bank will hold or freeze the account of the person and will hold the money in some cases for up to 21 days, allowing the collectiong of money.
Another way is to place liens on of the property owned by the party that owes the judgment. Once the property is sold, funds are paid in escrow to the winning party once the sale is final. There are a variety of ways to enforce a judgment with full backing of the courts and legal system guaranteeing your rights as the judgment winner.
Most Judgment Winners Will Give Up In Frustration
As is often the case, most judgment winners will give up in frustration because of the lack of knowledge and information about judgment collecting. 80% of all awarded judgments go uncollected offering opportunity for enterprising people that have acquired the necessary knowledge to collect judgments. You can learn more by visiting http://collectjudgment.info/ to gain the necessary knowledge to be profitable in judgment collecting or if you are a judgment winner, this course can help you get the money you were awarded by the courts.
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