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Judgment Enforcement – The Step-by-Step Course

PART TEN

60 Minutes
HOW TO HANDLE 15 COMMON

HICCUPS, BLUNDERS AND OBSTACLES

Most of the problems you’ll run into could have been avoided or headed off during your
screening process. I’ve made mistakes. I’m sure you will too. Here are 15 problems you
may well run into, and how to (maybe) defeat them.

1. Bad Proof of Service

I’ve already covered this a bit. We have to understand what a “personal” and a “sub” serve
is. If it’s a subserve, then it’s important to double check your databases to verify (the best
you can) that the JD actually lived there then.

There is also “service by mail” in some states. Consider these I’ve probably run into
to be suspicious too. Some states are really loose like this in every hiccup and obstacle
out there. I’ll tell you
their serves, and it can come back to haunt the JE because what they are, and how
there’s no real evidence that the person was aware of the to (usually) defeat them.
lawsuit.

“Service by Publication” is also possible. If a defendant can’t

be found, the court will sometimes authorize that he be served by newspaper notices.
Sketchy serve in my view, and the judgment might easily be vacated under some
circumstances.

Interesting: While I was typing this just now (November, 2018), I got a call about a
judgment $125K originally, and it was, coincidentally, service by publication. I groaned.

But then the JC told me that the JD had already paid about 14K. Nice. That means that he’s
had notice of the judgment, and hasn’t contested it. Too late now. See Laches to find out
why.

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