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How To Enforce Your Judgment







I'm not a lawyer, I am the nation's only judgment referral expert. This article is my opinion, and is not legal advice. If you ever want a strategy to use or legal advice, you should contact an attorney.

What if you won your lawsuit and have been awarded a civil money judgment, how do you recover your judgment? This article has a brief outline, with a synopsis of a few common procedures to recover your judgment.

The first thing to verify out is whether your judgment is enforceable or not. If the judgment is either voidable or void, due to a flaw in the lawsuit, or the proof of service, or judgment; it is a good idea to get resolved before you attempt to recover judgments.

The next thing to check is, did the debtor ever file for bankruptcy protection after you got your judgment. If they did, most likely your judgment was essentially wiped out in the bankruptcy proceeding.

Next, most judgments expire after a certain amount of time, usually 5 to 20 years. If your judgment is old, it is a good idea to confirm whether or not the judgment has expired. If the judgment is still valid, it may be a good idea to renew it.

Next, can the your debtor be found? Does the debtor possess any available assets? You must find this out, or pay someone to determine this, to be able to recover anything. To recover a judgment, you must locate the debtor's assets, and discover their status, as to any possible debtor exemptions which may be claimed on them.

If your judgment debtor owns, or may someday own, some part of a real estate property, record your judgment at the county property records department, often named the county recorder. Recording a judgment, creates a property lien that might one day get you paid.

Recording liens in every county where the judgment debtor owns, or might one day own, some ownership in real estate property. Record a lien in the county where they currently live, and the county where their parents own property, in case your debtor inherits the property one day. Some states have state-wide property liens.

Post-judgment discovery tools can be really helpful when attempting to recover a judgment. Each court and jurisdiction has unique rules about which discovery methods are permitted. Sometimes, after getting commanded to appear in court for a debtor examination, the judgment debtor may decide to start paying off your judgment.

With enough information on your judgment debtor and their assets, it is possible to levy or garnish their assets. These are some methods that can really get (at least partially) paid for the judgment. When levies and examinations don't mostly or fully satisfy the judgment; wait a year, then regroup, and try until the judgment is satisfied.

After most or all of the judgment has been recovered, file a Satisfaction of Judgment form at the clerk of the court. Usually this form must be notarized first. After the court stamps your satisfaction, make a copy of it, and mail the original to the former debtor.


About Author Mark Shapiro :

<a href="http://www.JudgmentBuy.com" target="_blank">http://www.JudgmentBuy.com</a> - Judgment Enforcement. The free, easiest, fastest, and best way for the best chance to get money for your judgment. &nbsp; Mark Shapiro, the free judgment matchmaker. We have the best quality free judgment referral leads for enforcers, judgment buyers, collection agencies and contingency collection attorneys.


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Article Added on Friday, April 12, 2013
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