Page 199 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

I know it seems like overkill, but it’s the government, which is famous for overkill. And

it’s required by law. Certain states even have more text required, so be sure to check out
the laws in your state.
Again, if you don’t take consumer judgments, don’t sweat it. But if you do, and you have

to contact a JD by mail, make sure you’re covered.

Important Note on Contacting 3rd Parties:

Section 805(b) of The Fair Debt Collection Practices Act covers the legalities of you
rd P party (landlord, employer, neighbor) regarding the JD and the judgment. If
contacting a 3P
you read it carefully, you will have seen something very important and very helpful to
our business.

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the
prior consent of the consumer given directly to the debt collector, or the express permission of a
court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment
judicial remedy, a debt collector may not communicate, in connection with the collection of any
debt, with any person other than a consumer, his attorney, a consumer reporting agency if
otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt
collector.

Some people take this to mean that you cannot speak to anyone
regarding the consumer judgment except the debtor, his attorney, the
When can
creditor, etc. That would mean you can’t speak to a neighbor, to the
you contact
JD’s spouse, employer, etc. others about
a consumer
But in my view, that’s simply not so. The wording says you can’t judgment?
rd P Party except as is “reasonably necessary to
communicate with a 3P
effectuate a post-judgment judicial remedy.” That’s pretty wide
latitude. Sometimes I speak to a lot of people about the judgment and the

JD, but only as is “reasonably necessary to effectuate a post-judgment
judicial remedy.” Why else would I talk to anyone about it?

I mention this at the end because it also shows that in your self-study you must read
very carefully. The devil is in the details, as they say. If you had a cleaning business or a
car repair business, you would be reading the manuals very carefully, and the updated
manuals every year. Same here. The laws are our manuals. We have to become
accustomed to reading them well.

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