Page 84 - Judgment Enforcement Course

Judgment Enforcement – The Step-by-Step Course

judgment against him (or her) either, unless there is some redeeming factor you can
discover.

— Some Default Judgments: Don’t be totally freaked out about this, but some default
judgments may be set aside in certain cases. See the “hiccups” section. Just be prepared.
Know that when you take the default judgment, it may be challenged for lack of proper
service of process. (A default judgment is a usually a judgment rendered when the JD did

not show up in court.) If it’s challenged, you’ll most likely win. But not in every case. I’ve
only had one successfully set aside. Again, much more about this in the “hiccups” section.

— Lawfully Dissolved Corporation: Often there are judgments
against corporations that no longer exist. They’ve been “dissolved.” You
might be tempted to accept it and then go after the President or other
officer. No! You can’t do that. Go back to the section on corporations for

why not. Essentially, the corporation is a separate “person.” With some exceptions for
fraud, if the officer is not on the judgment, well, then he’s not on the judgment. You can’t
go after him in most cases. Why not? Again, because he’s not on the judgment.

— Family Court: I hate family court. It’s one of the saddest places in the city. Just
going there makes me feel bad. But you will be offered judgments for spousal or child
support, or for equalization of assets after divorce. Please know that you are stepping
between two people who likely have been fighting for some time, and still are. Do you
really want to be the next object of hatred from one of them? Often, they will fight to the
end. I’ve been successful on some of these, but if there are aren’t any obvious assets, I
avoid them.

— Wrong name on Judgment: These can be a major red flag that may not be
correctable. If John J. Smithson was sued as John J. Smith, then he’s not that person on the
judgment. Unless he appeared in court as John J. Smith you may have a steep road ahead.
Most often, mistakes like that are fatal to the judgment. (Note: If it’s a minor misspelling,

like Smiht instead of Smith, you can have it corrected easily, though. It’s just a clerical
error.)
— Corporation sued as FBN: This happens a lot. JC’s will sometimes not

understand that the business they sued – James’ Auto Supply run by Howard James – is
really James’ Auto Supply Inc. The judgment may be unenforceable because it is against
an entity that doesn’t really exist. Picky, I know. But watch out.

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