Page 14 - Revised-merged-10
P. 14
Judgment Enforcement – The Step-by-Step Course
be busy enough that you won’t have to go lower either. So, unless there are extenuating
circumstances, such as the creditor has to pay his attorney a
percentage of the money, I try to stick to 50%. REMEMBER:
Q. I’m not an attorney, so how can I THE CREDITOR
represent the creditor? IS NOT YOUR
A. This is VERY, VERY important to understand. You CLIENT!
are NOT representing the creditor. The creditor is NOT your
“client.” Because you own every judgment that you will
enforce, you are representing only yourself in every case. Therefore, you are now the NEW
creditor, and the creditor is now the ORIGINAL creditor (the OJC). Your contract with the
original creditor must spell this out very clearly. If you act as an attorney, you’re practicing
law without a license (UPL).
Q. What does my assignment and contract with the Creditor look like?
A. This is the “caption” of an actual assignment of mine that I’ve filed at the
courthouse. Now, go to Appendix 4 at the back of this course. You’ll see an
example of a complete Assignment, called an “Acknowledgement of Assignment of
Judgment.” Look it over, and check to see if it’s notarized, as required. (There is also a
good template for you on our Forum, form #5. It is in MSWord, so you can download it
and use it as your own.)
Does the Appendix 4 assignment show that it has been filed at the court yet? No. There
would be a file stamp in the upper right-hand corner of the first page.
Also, go to Appendix 5. That’s an example of the separate agreement contract
with the creditor. It starts like this.
10 | P a g e