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I am a judgment referral expert, and not an attorney. My articles are my opinions, and is not legal advice. When you ever need legal advice or a strategy to use, please contact a lawyer. You went to court against your legal adversary with the idea they would become your judgment debtor, and then would have to repay you. Usually, judgment debtors don't ever repay you. When they do, it's most often because you found a recovery expert, and had to share a big portion of whatever they recovered. Why do the majority of judgments remain uncollected? Why don't debtors repay judgment debts? Here are 10 typical reasons: 1) Your debtor has not seen a request to pay. There is a small percentage of judgment debtors that may start paying as soon as they get a demand letter from the judgment owner. Most judgment owners do not do this first step which costs a stamp and a bit of time, to write a short and polite note requesting that they pay. 2) The debtor can't afford to pay. Some debtors just don't have enough money to pay the judgment against them. Patience is required, to wait for another time when the judgment debtor's economic situation might improve, so that they will be able to pay. Check with them, or on them once a year, in case their financial situation improves. 3) Your judgment debtor has the cash, however they just do not want to pay what they owe. The only time they will pay a judgment debt is if they have no other option. The best way to proceed with those kind of judgment debtors is to use the most aggressive legal recovery procedures you can. Be prepared to get resistance at every step you take. 4) Your debtor refuses to believe they should pay. The judgment debtor genuinely feel an injustice has occurred, and they have been burned. Unless the judgment debtor goes bankrupt, appeals, or vacates the judgment, they owe what the judgment says they owe and interest and some costs. Just like to reason three above, the judgment debtor will have to be convinced or made to pay off the judgment. 5) The debtor "doesn't know" about the judgment. Usually, it is much more likely that they will simply claim they do not know about the judgment, as usually someone has to damage you, wrong you, or defraud you; to convince a judge to sign to make a court judgment. Motions to vacate a judgment happen most often with default judgments, when the debtor wasn't personally served by a Sheriff or a registered process server. 6) Years have gone by, and neither the judgment owner or anybody else, has ever contacted the debtor, or attempted to collect the judgment. The debtor forgets about the judgment, or remembers it, and believes it's history, and it won't bother them any more. 7) The judgment debtor filed for bankruptcy protection and discharged every debt, including your judgment. Everyone recovering a judgment should check their judgment debtor's bankruptcy history, as usually not all judgment owners get notified if a debtor files for bankruptcy. 8) One cannot locate your debtor. This typically happens when the judgment debtor uses a common name. Because the judgment debtor owes you money, they will not be looking for you. A PI may be able to find them. 9) There isn't any law that states a judgment debtor has to repay you. There are only laws which allow a judgment owner to find a judgment debtor's available assets, and then supply court paperwork and fees to a Sheriff, to levy those assets to try to repay the judgment. 10) Laws can protect debtors in several ways. Certain judgment debtors don't pay because they know that it is not possible or cost-effective to collect judgments against them as they're "judgment-proof". One example of this might be a Montana small claims judgment for $450 on a debtor that moved to California. It usually costs over $410 to domesticate judgments into California, then more money for any recovery procedures, making it hard to enforce a judgment against them. http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, best, and fastest chance to recover your judgment money. Mark D. Shapiro, the judgment broker. We have the best free judgment leads for judgment buyers, judgment enforcers, and contingency collection lawyers.
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