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Judgment Enforcement – The Step-by-Step Course

A substitution of attorney is sometimes needed, but not often. In small claims there was
no attorney, so it’s not needed. In regular “civil” court, it will be need if the attorney
worked after the judgment to collect it. I’ve only needed this a few times in 18 years.

In a few states, if an attorney was used to get the judgment, then a sub of attorney will

be needed. (Note, in Ohio, it’s called a “Substitution of Parties,” and is required.)

It’s a quick form that the creditor and the attorney sign, releasing the attorney from any
more responsibility or representation. The attorney will sign it and mail it to the creditor.
After it is signed, and filed at the court, the creditor is free to act on his or her own behalf,

assigning the judgment to you.

Questions & Answers

Q. What if the creditor says, “Nah, I’ll get a collection agency to do it.”

They are only 33%.

A. Then I point out to the creditor I’m not like a collection agency. I don’t write letter or
call and tell the person he really should pay. I locate asses. And, I take them. (Creditors
like to hear that.)

And, I point out the collection agencies often charge you to place a judgment with them,
and then charge you any court costs. With me? No costs for the JD. Zero. Nada. Zilch.

Q. Why do I have to make it a purchase agreement? Why can’t I just
agree to collect for the creditor, and then split it up?

A. This is very important to understand. The reason you must purchase the judgment is
because unless it is purchased, you can’t legally enforce it in pro per. Remember, the law
states that people can represent themselves in court, or they can hire a licensed attorney to
do it for them. Those are the only two ways. You are going to be representing yourself.

Therefore, you must own the judgment outright. If you just “work” for the creditor, then
you are acting as an attorney, and in violation of the law because you are not an attorney.
You can’t represent anyone else. You can only represent yourself.

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