I'm not a lawyer, I am a judgment referral expert. This article is my opinion, and is not legal advice, based on my experiences in California. If you ever want legal advice or a strategy to use, please contact an attorney. Before any judgment can be sold, or any money may be collected on a judgment, it's very important to precisely identify your judgment debtor. It is critical to know exactly whom your judgment debtor is, and what available assets they may possess, prior to trying to sue someone or to recover judgments. After that, you need to learn and be for certain that the judgment is correct and effective. Judgments can be flawed, making them very difficult to collect. There may be substantial issues to resolve, before a judgment may be recovered. It is vitally important to determine whether or not the judgment is enforceable. The first matter is, whom is named on your lawsuit that later became a judgment? Only persons or entities specifically listed inside the body of a judgment will owe you money. You can't rely on the captions, the shortened names shown at the upper part of the first page of the judgment. Judgments specify exactly whom owes the money and the amount they owe, only within their body. Many lawsuits don't list the entity or person that owes money correctly or specifically enough. More than a few lawsuits create judgments that will never be enforced. Common mistakes in lawsuits are not correctly spelling people's names, not paying enough attention to a company's DBA or corporate status, and not researching their defendants enough before suing them. Also, the proof of service is very important. A defective proof of service or an incorrect name, can cause a judgment set aside (vacated). As a judgment referral expert, I see many thousands of judgments. I've seen a couple of judgments which showed the defendant's age, date of birth, partial social security number, and a current address, in the judgment's body. That is simply fantastic, I wish all judgments included all that info. Too many times, judgments against debtors having common names end up worthless. If you sue Mr. Dan Debtor, who seems to stay at 123 Scammer's Lane, there may be potential problems. What if the judgment debtor's Son, Dad, Uncle, and Grandfather, all use exactly same name? What if the debtor's name was really popular, and he was just a guest where he was served papers for the lawsuit? What if he never stayed, paid bills, or paid rent, at that address? What if you won your judgment by default? Suddenly, one may not know for sure which Dan Debtor owes you money. It might be very troublesome to do levies, examinations, or garnishments, as it will be so easy for some Dan Debtor to say "it's not me, it's my...". In that judgment default circumstance, it is best to serve possible judgment debtors first, to get them into court, to iron out the "is this the correct judgment debtor?" question, prior to spending time and money, searching for jobs or banks of the wrong individual; or hiring a Sheriff to possibly garnish the wrong individual's assets. Make certain to identify and name the correct person or entity in your lawsuit, and if trying to recover a judgment. There should never be any confusion on exactly who is, the judgment debtor. http://www.JudgmentBuy.com - Judgment Enforcement. Nationwide judgment referrals. The easiest, best, and fastest way to get the most money for your judgment. Mark Shapiro, the free judgment matchmaker. We pay for leads, and offer the best quality free judgment referral leads for enforcers, collection agencies, and contingency collection lawyers.
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