Page 53 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

file. But if it’s not there, remember that some creditors neglect to file the satisfaction.

That’s something you’ll want to ask the creditor when you contact him or her.

6. What efforts have already been made to satisfy the judgment?

This is important. You may find a lot of documents in the file from after the judgment—
maybe a writ of execution, a wage garnishment form, or something else.
That suggests that the creditor tried to collect, but maybe wasn’t successful.
In this case the creditor is probably much more likely to assign it to you.
Most creditors don’t know the tricks of enforcing. And they’re frustrated.
They are looking for someone like us.

Also, when you look through a file, be sure to note whether any money has
already been received. It’s possible the creditor collected $200 from a bank
levy, or $6,000, and the judgment still isn’t satisfied. Make a note. You’ll
need to put that exact figure on some documents you’ll be filing later.

7. Has the judgment already been assigned to someone?

In some cases, the creditor has already assigned the judgment to a collection agency or
another Judgment Enforcer. If that’s the case, look to see if the judgment has been
collected. If not, you can still get the judgment assigned to you after it is assigned back
to the original creditor. Make a note.

8 & 9. Who is the Creditor? Who is the Debtor? And where does each live?

Names and addresses are important for several reasons:

1) On any documents you prepare, you will have to put the creditor’s and debtor’s names
EXACTLY as they appear on the judgment. Even if their names are misspelled, it has to be
repeated EXACTLY that way.

2) Names and past addresses are the key to locating where the people are today. The
creditor and debtor may have moved several times. But later I’ll show you how, with just a
common name and one address, you can locate the current address, social security number,

list of neighbors, relatives, and associates. It’s true! Names and addresses are critical.
Write them down accurately.

10. Is the judgment worth pursuing?

From the information you’ve collected, you may already have an idea about
whether or not you want to contact the creditor to take assignment.

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