Judgment Enforcement: Judgment Creditor’s 10 Biggest Sources of Anger

There are times when judgment enforcement is a source of anger. I have made a list of a “judgment creditor’s” 10 biggest sources of that anger. Some of the sources can be alleviated with additional good information. Some can be avoided just by being aware of their potential to be a frustration. There may be a few instances where one of these sources of anger will manifest itself and you just can’t help it happening to you.

However, I do want to stress that usually the proper application of the right knowledge and wisdom will allow you to avoid having a potential frustration become reality. As you read these ten sources, you should realize that they exist. Be aware of them and give them the right amount of attention. Education and research will help in most cases.

Here is my list:

Not getting paid at all - This has to be number one. Winning a law suit and having a money judgment that says your legal adversary owes you an amount of money should lead to a pay day. Not ever getting paid by your judgment debtor is absolutely unjust and can almost make a preacher cuss.
Not getting paid right away - The old saying is “better late than never.” That may be true, but I don’t want to wait for the satisfaction of collecting my judgment. It will make you want to pull your hair out. The jerk who owes the money judgment is cheating the judicial system and me when he makes me wait weeks, months, or years before he pays the judgment debt.
The Judgment Debtor declares bankruptcy - This is one source of frustration that really chaps my hide. There is very little you can do after a debtor declares bankruptcy. Legally you have to immediately stop all collection activity as soon as you have knowledge of the bankruptcy filing. Though there are a few rare cases when judgment collection can be pursued after BK, usually it ends badly for the judgment creditor. It is a major source of irate emotions.

Can’t locate the debtor - This is almost always a source of irritation that can be solved. Learning more about how to find the bum can usually lead to a happy result. Very few people are able to hide if you really want to find out where they are located. Deadbeats may run, but they really can’t hide, not for long, not usually. Researching the science of skip tracing is fascinating. Implementing a little skip tracing magic will likely replace the frown on your face with a smile.
Can’t locate the debtor’s assets - Not knowing what property the debtor owns that can be used to satisfy the money judgment might frustrate you. You may feel thwarted in your attempts to collect. Learning how to locate assets and how to seize them is knowledge that will pay great dividends to a judgment creditor. It is not always as difficult to locate debtor property as you may think.

The Judgment Debtor filed a claim of exemption to my property execution - Most often, if you do a thorough search of a debtor’s assets, you will find non-exempt assets or income sources that can be garnished, levied, or executed on. If you cast a large enough net when you seek to seize the assets the debtor will not be able to claim exemptions on everything. This source of anger for you the judgment creditor, can be a source of anger for the debtor instead.
The judgment expired - There is rarely an instance where this trap should catch you unawares. Always make it a point to discover how long your judgment will last. In many states the life of a judgment can be extended if you are actively engaged in collecting it.

Your lawyer is supposed to collect the judgment and he doesn’t seem to be doing much if anything - This is an extremely common irritant. Attorneys who litigate for you, rarely prove to be motivated to enforce the judgments that they win for you. Making sure that your attorney is trying to get the judgment collected may be hard. If you can’t get satisfaction, then request that he remove himself from representing you in this post-judgment collection. Then do the judgment enforcing yourself, or go some other route.

You assigned your judgment to a judgment enforcer and nothing is happening - This situation can be particularly enraging. Once you as the original judgment creditor assign ownership of your judgment to another person, you have no legal right to the judgment anymore. If your payment and satisfaction are dependent on a future pay arrangement with a judgment enforcer, you might ask if he will reassign the judgment back to you. The judgment enforcer might not feel legally obligated to reassign the judgment, but he might do it anyway. Just ask.

Immediately after winning your lawsuit, your legal adversary files an appeal - I hate this one. It usually is a pain in the butt because it requires me to respond in court all over again. The truth is, however, most civil judgments are not turned over on appeal. Just make sure you answer the appeal and proceed intelligently.

This is my list. Other judgment creditors might have a different set of things that upset them when trying to collect their judgments. The fact is, if you keep a good attitude about your judgment collection you won’t feel like pulling your hair out. A positive attitude as you pursue an informed plan of attack will give you a good chance of getting your money. Good luck as you pursue justice for yourself!

 
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