Page 118 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

Name of Defendant Being Sued:
Emerald Corporation: UServe John BernettU, President
1223 1st Street, Suite 22, De Moines, Iowa, 50255

The creditor in this case thought he had a judgment against the person named “John
Bernett” because John Bernett was the person served. But if you look closely, you can see
that it was actually Emerald Corporation that was served, by giving the papers to John
Bernett, who was the president.

That’s the way the court is going to see it every time. And unfortunately, Emerald
Corporation was no longer in existence. Meanwhile, John Bernett had property, a nice car,
and another business. And he may have been on to his next scam. The lawsuit and the
judgment should have been against him, if at all possible.

Point: The creditor may think he or she has a judgment against an
individual, but the proof of service may show it’s really against the
corporation. Creditors sometimes make mistakes.
- Accept judgments only against viable companies.

eHere’s what you do:

Every time you look at a judgment, or are offered one, check out the proof of service
carefully. Pretend you are the JD is looking for a reason to get the judgment “vacated.”

Look to see if the serve was by personal service (the defendant was served personally) or
substituted service (someone else was served at the defendant’s home or place of work).

Remember, if a JD can persuade the judge that he simply
didn’t know he was being sued, the judge could possibly throw
out the judgment months or even years later! (Of course, judges
know that JD’s often lie. I’ve seen judges roll their eyes at JD’s
and point toward the door.)

Also, make sure the judgment is against a viable entity—for
example, a corporation that is still in business. Take assignments
only on judgments that are doable within your range of experience. Or, just beyond your
experience, and then grow into it.

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