Page 85 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

— Judgment has FBN Only, and how to fix it: Sometimes a business will be sued
by its name only. Harrison Auto Supply, for example. It is an FBN (fictitious business
name filed by the owner, Howard Harrison.) Yes, it is one and the same as Howard
Harrison, but now you have to show that to the court. See the section on Affidavit of
Identity. Not a big minus. But know that it’s something else to handle.

— Multiple bankruptcy filings: If someone has filed bankruptcy over and over, it
could be big negative if you can see no real assets. The JD is likely a consummate
scoundrel, using the system.

— Allegations of Fraud that aren’t decided: In a lot of lawsuits the
plaintiff alleges fraud. Then he gets a default judgment, and the JC thinks
the judgment is also for fraud.

But that’s not so. Unless it says fraud in the actual wording on the
actual judgment page, it probably isn’t for fraud at all. This is important
because it is commonly believed that judgments where fraud was alleged automatically

survive bankruptcy. Not so. Usually there have to be actual “findings of fact” and
“findings of law” in the court’s decision. Otherwise, it may have to be litigated again in
bankruptcy court. That’s another steep road to go.

— Criminal record: This is obvious. Unless it’s for speeding or the
odd DUI. (Those are listed under criminal too.)

— Drugs: Sometimes the JC may mention that the JD is on drugs, or
a major user or seller. Another obvious negative. If someone is
addicted to anything, their money is going toward the habit, and their
earnings and assets will suffer.

— Bad JC’s: I’ve been burned by JC’s who I didn’t like, and wished I’d
never met. Bad people are bad news. Don’t be excited by a large judgment
owned by someone who is not on the up and up themselves, or who are lawful
but shifty wheelers and dealers.
**I make it a practice of checking out my JC as well as well as my JD.

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