Page 51 - Judgment Enforce Course2020
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Judgment Enforcement – The Step-by-Step Course
It’s important to make good records as you do your research. You want to carefully
record all the information accurately, so you won’t have to recheck it later. Also, if you
don’t record some of the information correctly, then you may use the incorrect information
when filing documents to enforce the judgment. The clerks will then kick it back to be
redone properly. I’ve had papers kicked back. You will too. We need to
get it right.
I usually copy the information onto my Case Research
Information Form that I’ve organized for myself. (See Forum under
“Peter’s Course Files” #23.) If I’m at the courthouse, sometimes I’ve
used a portable copy machine to copy the main forms in the file. There
are also laser-type pens that will scan words and passages for you that
you can later download to your computer later. Whatever method you use, be sure to be
accurate.
1. What was the court case about?
By examining the reason for the lawsuit (called a ‘cause of
action’) you may very well get a good idea about what kind of WHAT WAS THE
person the debtor is. For example:
‘CAUSE OF
• Is the debtor a business that didn’t perform as ACTION’?
promised?
• Is the debtor a tradesman who didn’t finish the (IT MATTERS)
work?
• Was he an employer who didn’t pay his employee?
• Was he a careless driver who caused an accident?
• Did the person commit fraud of some sort?
• Is the person an ex-wife or ex-husband who owes money?
You see what I mean? JD’s are people, and you want to know as much as you can
about them.
2. Was a judgment actually rendered?
Sometimes there is a file, but there’s no judgment. This is because the two parties settled
out of court, or the judge just dismissed the case altogether. Move on to the next file.
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