Page 112 - Judgment Enforce Course2020

Judgment Enforcement – The Step-by-Step Course

$X a month for the nursery they sold, I can intercept all or a % of that money until

the judgment is paid.
.

Sample Case #3

Through your investigations, you turn up a case with the following fact pattern:

1. Case name: Timothy Rodgers v. Broad Street Apartments, LLC.
2. Date of judgment: April 2, 2017

3. “Cause of Action” (Reason for judgment): Pipes in the apartment
broke, destroying Timothy’s sound equipment, collectible chess
set, and his furniture
4. Amount: $18,162 and $3,200 attorney fees
5. Default judgment?: Yes. (defendant didn’t show up in court)
6. Not a consumer judgment

Back at the office, you run your Lexis, TLO (etc.) database and learn:
✓ the company owes $1.9 million on the mortgage

✓ the apartment building is probably worth $2.4 million
✓ approximate rent is $900 a month for a 1 bedroom

✓ the company filed Chapter 13 reorganization in 2011

✓ there are 13 units in all
✓ there are 12 other judgments against the company for between $5K and $15.

If I found this on my databases, then my first mini-concern, before talking with Tim, is
whether he’s already been paid, and that he failed to file a Satisfaction of Judgment.
That happens a lot. But maybe Tim called me? Cool.

My second concern is whether his attorney has a lien on the judgment. If the attorney
took the case on contingency (30% usually) then Tim may owe $30% of the $18K to
him. That’s important to know.

It doesn’t hurt ask Tim what’s what. Believe it or not, in some cases the apartment
company doesn’t pay. It may be a low-end apartment, or the owner/company may think

that Tim’s at fault for the pipes breaking, and they are stubborn about paying him. Or,
the apartment company is waiting for the insurance to pay them, but the insurance

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