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Judgment Enforcement – The Step-by-Step Course



                       6.  Is this a good judgment for us to get? There’s no way to

                           know until we investigate the judgment debtor.                  CAUSE OF
                                                                                           ACTION
                       More examples of judgments:
                                                                                           The incident or loss that
                            Turn to Appendix 1 at the back of this course. This is         gave rise to the lawsuit and
                          an example of a typical small claims judgment in the State       the judgment:
                    of California, where judgments are good for 10 years, and                  1. Failure to pay back
                    renewable. Take a minute to look it over. Look at the top to see in           loan
                    which court the judgment was rendered. What is the date of the             2. Auto accident
                    judgment? What is the amount?  Are costs included?  Is it against          3. Rent not paid
                                                                                               4. Insurance company
                    one defendant or two?  Does it have the phone number of the                   wouldn’t pay for
                    plaintiff who is now the “creditor”?  Does it look to you like the            the home fire
                    defendant might have assets?  Has the judgment expired?                Etc. There’s probably a
                                                                                           million different “causes of
                            Turn to Appendix 2.  This is a medium-size judgment,           action.”

                          about 32K. Again, locate the court, the date of the
                    judgment, the amount, and so on. This is a well-written judgment, because it really details
                    the decision of the court.

                            Turn to Appendix 3. This is a Wisconsin Judgment, and it’s quite sizeable,

                          which may be good or bad. Sometimes smaller and medium-sized judgments are the
                    best. Again, look at the particulars on this judgment. Did the defendant show up? Or is it
                    by default? Note that the judgment amount is actually handwritten. Sometimes judgments
                    can be quite informal. (Note: See 2 more sample judgments on the Forum under “Peter’s
                    Course Files” #13 and #14.)


                    80% aren’t enforced?  Is that really true?

                       Have you heard that nearly 80% of judgments are never collected at all?  Well, yes, it is
                    true. Why are they never collected?  In many cases the judgment debtor (the JD) is
                    banking on the probability that the creditor won’t know what to do with the judgment, and
                                                           will probably give up after a while, and go away.
                        80%? Yes, it’s true, but           judgment, and not able to pay the money right
                        remember that there’s a            then. However, things can change.  A year or so

                        good reason why so few             later, when a Judgment Enforcer takes over the
                        are enforced.                      judgment, the JD may well have the money to

                                                           pay. But the creditor has no way of knowing that.
                    In other cases, the JD may simply be angry at the creditor, and refuse to pay. Or, let's face




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