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Judgment Enforcement – The Step-by-Step Course

NOTE: On our Forum, there is a ton more information about judgments to take and

judgments to avoid.

Questions & Answers

Q. Is there an easier way to get judgments than going through a lot of
files at the courthouse?

A. Yes. This is the digital age. As I said before, there are databases online that give you
judgments too. Some of these are through the courthouse (if the courthouse offers this
access) and some are through professional databases such as TLO, IRBSearch, Tracers
Info, and others. I’ll get to those.

But you’ll still need to see the actual file eventually—if you take assignment. For now, you
need experience reading case files. It will save you tons of time farther down the road.
Trust me on that, please. I don’t want you to make the same mistakes that almost everyone
makes (me too) when they start this business.

Q. What if the judgment is against a corp. or LLC? Can I try to enforce it against
the owner of the business?

A. Probably not. Why not?
There are two kinds of businesses—those that are actually owned by an individual and
those that are corporations or LLC’s. One of the things you’ll be investigating back in your
office is checking to determine which type of business it is.

For example, if the judgment is against Frank’s Auto Repair, then you want to know
whether Frank Smith filed a Fictitious Business Name with the county. If he did, then it’s
really Frank Smith dba (doing business as) Frank’s auto repair. That means that the two

are the exactly the same. Frank Smith = Frank’s Auto Repair. Just like Peter Gilboy =
Judgment Trackers. Even if the business no longer exists, Frank Smith is still liable as the
debtor because it was his personal business that incurred it.

I’ll say it again. My business is Judgment Trackers. So I am “Peter Gilboy dba Judgment
Trackers.” I am the business and the business is me. A judgment against me is also a
judgment against the business. And vice versa.

But if the business is a corporation or LLC, it’s very different. Why? Because the

person who started the business isn’t the “owner.” He or she is just a “member.”

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