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At my work, folks call me almost daily, explaining to me about their (e.g.) admiralty judgment. I ask them which US court is the judgment registered at? They tell me that it is not required, as they own an admiralty judgment claim. Such folks actually think a claim can be enforced like a judgment, without even going through a United States court. I remind them that I am not a lawyer, and my opinion is that they only have gone with the court of public opinion, where there isn't any remedy available from a United States civil court. Then I tell them to bring that claim of admiralty to their lawyer to get a judgment. My articles are my opinions and are not, a legal opinion. I am a judgment matchmaking expert, and not a lawyer. If you want legal advice or a strategy to use, please contact an attorney. What are the differences between claims, debts, and judgments? Claims are documented obligations, a demand for some action made by one person upon another person, to not do, or perform something. A claim isn't a judgment, because judgments must get adjudicated and originate from some US-backed court. One may bring some proof of a claim (which needs to have at least one cause of action) to the court and attempt to win a judgment. Debts are claims over money when one party does not pay another as they both agreed. Debts are not judgments, although they may be utilized to get judgments. When a debt is brought to court to win a judgment, the cause of action is nearly always a default on paying the debt. A judgment is decided by a court, and judgments do not always arise from a debt. For example, a judgment may force a plumber to finish a task. Unlike debts and claims, civil money judgments may be recovered with some the support of courts and Sheriffs. The FDCPA (The Fair Debt Collection Practices Act) helps control third-party debt collections of past-due consumer debts. Consumer debts are debts involving credit purchases of personal services or goods; including credit cards, auto loans, clothes, vacations, etc. Even when recovering a judgment for a commercial debt, or a commercial debt, it is smart to follow the FDCPA laws to the degree possible, especially avoiding abusing or harassing anybody. Often with judgment enforcement, there's no communication with the debtor debtor with the exception of court notices of garnishment proceedings. When one borrows for consumer-related purchases, and you keep your loan payments current, that is an example of a regular debt, and the FDCPA laws are not designed for that kind of circumstance. Once you quit making payments on a debt and it becomes a default situation, the debt turns into another legal form, turning into a claim that might become a cause of action in a court. This occurs when a judge decides the claim is properly owed, and that claim is transformed into to a judgment. The FDCPA skips the claim issue, and it says "whether or not reduced to judgment". The FDCPA statutes appear to indicate a debt is worth more than a judgment, which only seems right for non-defaulted debts. If the debtor is current on making payments, there's never any cause to get the judgment. The way that FDCPA statutes effect debt collection, depends on how the debts are serviced or sold by third-parties, in 3 basic ways: 1) The debt owner sells their defaulted consumer-related debt for cash upfront. After a debt in default is transferred and sold to somebody else, the new third-party buyer stops being an original creditor, so that 3rd-party buyer must follow the Fair Debt Collection Practices Act statutes. 2) The creditor sells a current (non-defaulted) consumer-related debt to some company or a debt purchaser. The current rights of an original debt owner, then belong to that new buyer, and current (non-defaulted) debts aren't subject to the FDCPA statutes. 3) After a consumer debt is in default, the original debt owner may try to collect it, attempt to sell the debt, or place their debt with a third-party collection company or an attorney. Once a defaulted debt is placed with an attorney or collection agency, or is sold to some third-party debt purchaser; the 3rd-parties all are must follow the collection laws of the FDCPA. Sometimes, the sole way to collect a debt is suing their debtor to get a judgment, using the debt for the cause of action. Judgments come from lawsuits, which require the debtor to be served notice of the lawsuit; so the debtor can decide to challenge the judgment or allow the judgment be won by default. Mark Shapiro of: http://www.JudgmentBuy.com - The easiest and fastest free method of finding the best professional to buy or recover a judgment.
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debts, claims, judgments, debts vs claims, FDCDA, FDPCA and debts, FDPCA and judgments,
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