Page 198 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

5) Don’t call the JD’s employer and encourage the employer to make the JD pay.

6) **If you take a consumer judgment, then each time you contact the JD, you
must use what is referred to as a “mini-Miranda.” The text to use for the
“mini-Miranda is below. I always put it at the bottom of the front page of

any correspondence.

Please Note:
This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
(See reverse)

Then, on the reverse of the first page, you have to include the following
text.

Unless you notify this office within thirty (30) days from receipt of this letter
that you dispute the validity of this debt or any portion thereof, this office
will assume this debt is valid. If you so request of this office, in writing,
within thirty (30) days from receiving this notice, this office will obtain
verification of the debt and mail you a copy. If you so request of this office,
in writing, within thirty (30) days from receiving this notice, this office will
provide you with a name and address of the original creditor, if different from
the current creditor.

Again, this is for consumer judgments. And if you take a consumer judgment and mess this

up, you become liable for at least $1K or so.
Also, if you’re California and take consumer judgment. you also have to include the
Rosenthal Act with your Mini-Miranda in your first contact with the JD It looks like this.

NEEDED IN CALIFORNIA

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt
Collection Practices Act require that, except under unusual circumstances,
collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass
you by using threats of violence or arrest or by using obscene language.
Collectors may not use false or misleading statements or call you at work if they
know or have reason to know that you may not receive personal calls at work. For
the most part, collectors may not tell another person, other than your attorney or
spouse, about your debt. Collectors may contact another person to confirm your
location or enforce a judgment. For more information about debt collection
activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or
HTUwww.ftc.govUTH.

198 | P a g e