Page 208 - Judgment Enforce Course

Revival of Judgment: In some states, a judgment become “dormant”
after 3-7 years when there has been no action for enforcement. The
judgment then has to be “revived.” That will be accounting to your
state’s codes.

Satisfaction of Judgment: A legal document that states the judgment
has been satisfied in part or in whole. After the judgment is satisfied
you must complete a Satisfaction of Judgment form. Mail the original
to the court and a copy to the debtor. Failure to do this may result in
you being sued by the former debtor.

Small Claims Court: A special and inexpensive court where disputes
can be resolved quickly. The rules are simple and usually no
attorneys are permitted. The law will dictate the dollar limit
permissible—usually between $1.00 to $5000.

Subpoena Duces Tecum: “Duces Tecum” comes from the Latin
meaning “bring with thee.” This court document is served upon the
debtor with a list of documents and things he must bring to the JDX.

Subpoena: From the Latin “sub” meaning “under” and “poena”
meaning “punishment.” It is a court order “under punishment” to
comply with a court order, usually to appear in court.

Substituted Service: When court papers are not served on the person
directly, but on another competent adult at the home or business place
of the person intended to be served. This is accepted practice in most
small claims courts.

For example, in many small claims cases it is common to “sub-
serve” the defendant. The sheriff or registered process server will go
to the home of the defendant and ask for him. If he is not there, the
papers will be left with the adult who answered the door. The service
is considered complete.

In civil court this substituted service may be effected after
several attempts at personal service fail. But remember, it is not as
credible as personal service, and in some instances may be challenged.

Suspended Corporation: A corporation whose rights to operate have
been suspended by the state.

208 | P a g e