Judgment Blog

AB 1775 - Increase to EWO Exemption (Beyond Federal limits)

noreply@blogger.com (JudgmentBuy) — Thu, 23 Feb 2012 02:55:00 +0000

AB 1775 Introduced by Wieckowski. Amends 706.050

Existing law requires a levy of execution upon the earnings of a judgment debtor to be made by service of an earnings withholding order upon the debtor's employer. Existing law limits the amount of earnings of a judgment debtor that may be subject to an earnings withholding order to the amount specified by federal law, unless an exception applies. Federal law prohibits the amount of earnings that may be subject to garnishment from exceeding 25% of an individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 30 times the state minimum hourly wage in effect at the time the earnings are payable.

This bill would prohibit the amount of an individual judgment debtor's weekly disposable earnings subject to garnishment from exceeding 25% of the individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable, unless an exception applies.
Vote: majority, Appropriation: no, Fiscal committee: no, State-mandated local program.

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http://www.JudgmentBuy.com - judgment enforcement, the easiest, fastest, and best way to get the most money for your judgment.

Mark Shapiro, the judgment matchmaker. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Levies And Confidential SSNs

noreply@blogger.com (JudgmentBuy) — Wed, 22 Feb 2012 02:24:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Every year brings in many new laws. Some laws that intend to protect everyone's privacy, have the side effect of making it more inconvenient for judgment creditors to recover judgment money. In 2012, California, and perhaps other states, introduced more laws that restrict the use of Social Security Numbers (SSNs) on all public records, including court-related forms and documents.

In California, the changes in privacy laws affect judgment enforcement in primarily two ways. The changes began in certain California counties before 2012, and are now in effect in all 58 California counties.

The first change is that abstracts of judgment may no longer list the judgment debtor's full SSN. This increases the chances that a creditor's lien at a county recorder might get missed, especially with sneaky judgment debtors that use AKAs.

The second change is that SSNs are no longer permitted on new court documents. Even more than before, creditors must carefully guard the privacy of the SSNs of judgment debtors.

In 2012, when you file wage garnishment paperwork, you will notice a new WG-035 judicial council form, which now mentions confidential SSNs. The WG-035 form is vague about how one handles and transmits the judgment debtor's SSN to an employer for service of an Earnings Withholding Order (EWO).

The "form" the WG-035 form hints about is a declaration from the judgment creditor describing the judgment debtor's social security number. The creditor's declaration and the WG-035 form, go with forms WG-001, the application for an EWO, and the WG-002, the EWO. What makes it confusing is both the WG-001 and WG-002 forms indicate that the SSN will be on the WG-035 form.

CCP 708.121(a) and 708.125(a) specify that the Employee's SSN "shall" be on the EWO application and the EWO forms, if known. However, the new WG-035 form specifies the SSN has to be on a separate form, that is "part of" the application and the EWO paperwork set.

The way to handle this, is to include a declaration of the judgment debtor's SSN and sign and date it, and include your declaration with your WG-035 form.

Give a copy of your declaration and the WG-035 to the Sheriff along with the other documents. The Sheriff or a registered process server, will serve a copy on the judgment debtor's employer, and document that the WG-035 form was served on the proof of service.

In California, the laws have not yet been updated to indicate the new declaration document. However, the creditor's declaration and SSN is required for the service of a wage garnishment. California laws still say the forms "shall" contain the SSN, if known, and the WG-035 form is part of the process.

The bottom line is, to protect the judgment debtor's social security number to the extent possible. Only the Sheriff, (if needed) a registered process server, and the employer sees the SSN, not the court or anyone else.

In California, it is a good idea to include a note in your wage levy documentation package, that the WG-035 form and your declaration, are to be returned to you or the Sheriff, and not to be returned to the court.

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http://www.JudgmentBuy.com - Judgment Enforcement. The easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

How Long Does It Take To Enforce A Judgment?

noreply@blogger.com (JudgmentBuy) — Tue, 21 Feb 2012 04:46:00 +0000

Q: Do you know how long it can take to collect a judgment?

A: Anywhere from 3 months to 10 years or never, is the answer. Everything depends on the judgment debtor's situation. Anyone we refer you to only gets paid when you do, so everyone's incentive is in the right place. That is the foundation of JudgmentBuy - fairness, creditors get paid before JudgmentBuy makes money. Our incentive is in the right place for sure.

http://www.judgmentbuy.com/TimeItTakesToEnforceAJudgment.html
http://www.judgmentbuy.com/JudgmentArticles.html
http://www.judgmentbuy.com/faq.html

Bill Handel, Handle On The Law - recycling!

noreply@blogger.com (JudgmentBuy) — Tue, 21 Feb 2012 04:04:00 +0000

I have enjoyed Bill's humor for a long time, Bill Handle of Handle on the law is smart and funny, with a few exceptions, like when he says judgment enforcers should charge 15-25% (I've heard him range over the years). However all in all, he has a great show, I listen to Len Tillem too.

However for months, the Apple Store free podcasts of Handle On The Law, has had repeats with updated dates for months. Now I hear shows with Bill talking of something recent for 3 minutes, than an hour of repeat calls from old shows. Come on Bill Handle, put out fresh podcasts. Fresh once a month is better than recycled every day.

--- Mark Shapiro - JudgmentBuy.com

American Indian Judgments

noreply@blogger.com (JudgmentBuy) — Mon, 20 Feb 2012 16:44:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

What if you have a judgment against a Native American Indian business or casino; or against an Indian Native American who lives or works on reservation land? In such situations, the odds for a judgment recovery is not good.

In many ways, American Indian land is another country. American Indians get "Sovereign Immunity" protection. Unfortunately, there is not a reliable, cheap, or easy way to domesticate a regular civil judgment into a tribal court. The odds are not great, however there is a chance you might recover a tribal-related judgment.

Many tribal reservations are closed to process servers, who are not allowed to enter tribal land to serve legal papers. The USPS does not deliver mail to many tribal addresses, so some "addresses" are not always "real" addresses, and are sometimes difficult to locate.

Everything depends on the differences in tribal laws, and the mutual relationship (known as "comity") between the Indian tribal reservation, which is legally a sovereign nation, and the outside world (i.e., a state).

Some tribes recognize state laws in certain instances, in exchange for reciprocal treatment under state laws. Tribes usually protect their members from judgment enforcements.

The first thing to try, is to contact someone in charge of the particular tribe involved by phone, and ask them what their policy is on judgment enforcement. Most may not want to cooperate, however some will. The most common policy is that outside judgment enforcement wage garnishments are ok when the employee being garnished is not a member of their particular tribe.

One way to enforce a judgment against a Native American person or entity, is to levy their property when it is not on tribal land. The way to do this is within state civil laws.

For example, if your Native American judgment debtor owns a Porsche, the civil Sheriff will never enter a tribal land to levy it. However, if you are well prepared, you might be able to pay a civil Sheriff to levy the judgment debtor's vehicle, if the judgment debtor drives it to (e.g.) a store, or to an auto mechanic, off of tribal lands.

If you can arrange a vehicle levy when it is not on tribal land, the judgment debtor will need to go to state court to defend against the levy, and will get no special treatment from being a member of a tribal reservation.

If you have a judgment against an American Indian business or casino, perhaps you could make progress with their off-reservation supply chains. With legal state civil procedures, you could levy or have third-party examinations concerning tribal property in the possession of a non-tribal business, under the jurisdiction of the state court.

You must respect every Indian entity you deal with, or you might find yourself banned from reservations by tribal councils. That would probably be game over, for any chance of recovering your judgment.

Many Indian tribe members work at gaming-related employers. Those who work on reservations can sometimes have their wages garnished. Whether you can, depends on which reservation, who you talk to, and what day of the week it is. If a non-Indian is working at an Indian business, their wages may be garnished by a state civil Sheriff.

In the past, Congress enacted legislation requiring state courts to honor tribal child custody orders as part of the Indian Child Welfare Act, see 25 USC §1911.

Congress then passed federal laws requiring state and tribal courts to honor and enforce each other's child support orders, see 28 USC §1738B, and domestic violence protection orders, see 18 USC §2265.

When a civil dispute involves an American Indian on a reservation, for example, a business owed money by an American Indian person or entity, the US Supreme Court has long since recognized that such a case can only be brought in a tribal court, and not a state court. See Williams v. Lee, 358 US 217 (1959).

Some off-reservation businesses require tribal councils to sign waivers of immunity before they will do business with them. Most tribes do not sign such waivers, however when they do, it is usually easier to recover judgments against them.

If the state-court judgment was obtained by a business with whom the tribe had executed such a waiver, you might be able to obtain assistance from the local tribal court system to enforce the judgment.

Enforcing judgments against Native American people or businesses is not easy. You must familiarize yourself with the laws in the tribes where you have judgments, or find someone who knows.

When a tribe member claims they are judgment proof because of their tribe sovereignty, showing the case below to the tribal management council might help:

UNITED STATES v. WEDDELL, 187 F.3d 645 (eighth Circuit 1999) where the Court affirms district court's ruling that Federal Debt Collection Procedures Act (FDCPA), which defines "person" who may be sued as a garnishee to include "an Indian Tribe" 28 USC Section 3002(10). Clearly and unequivocally expressed waiver of Indian Tribe's sovereign immunity, and thus subjected tribe, as garnishee, to garnishment suit against one of its members. Reasons given are that Congress has the plenary power to statutorily waive a tribe's sovereign immunity, and that Congress did so under the FDCPA.

If you have judgments involving tribal courts, I recommend this book: http://www.upress.umn.edu/Books/A/austin_navajo.html. More information for the book is at: http://uanews.org/node/30111

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http://www.JudgmentBuy.com - Judgment Enforcement. The easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Kansas is hostile to Judgment Enforcement

noreply@blogger.com (JudgmentBuy) — Mon, 20 Feb 2012 05:40:00 +0000

Kansas is debtor friendly. Assignees of record cannot do bank or wage levies in this crazy state, and a JE just emailed me that only lawyers can domesticate judgments to this state, Kansas, the debtor-friendly state.

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http://www.JudgmentBuy.com - Judgment Enforcement. The easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Enforcement or Recovery or Collection - Enforcement

noreply@blogger.com (JudgmentBuy) — Sun, 19 Feb 2012 23:25:00 +0000

Q: Thank you for your informative JudgmentBuy.com web site. On your web site and all the others I see Judgment Enforcement, Judgment Recovery, and Judgment Collection. What is the difference between an enforcement, a recovery, or a collection?

A: In judgment recovery they are all used interchangeably. When it comes to satisfying a judgment, Judgment Enforcement, Judgment Recovery, and Judgment Collection all mean the same thing - turning a worthless piece of paper into cash. I can see the confusion.

Satisfaction means enough money was recovered that the creditor or the assignee of record said "debtor, you are off the hook, this judgment is gone". Partial satisfaction means some money was recovered but not enough to fully satisfy the judgment.

Enforcement seems to imply that the money has been already recovered. Recovery and Collection are both goals and implies that the action has already been done. All three terms mean the same thing, however many judgment enforcers avoid the words collector or collection because it can be interpreted to mean they are a collection agency or associated with one. Enforcement is my favorite term as it is a paperwork-intensive, financially risky process to recover money from a judgment.

No matter what you call it, Judgment Enforcement, Judgment Recovery, or Judgment Collection, it means the potential or action to recover judgment money. Enforcement is probably the most accurate word.

More on the words:

Enforce implies current or future action, enforcement implies current or past action, yet both are used interchangeably. Same with collect and collection, and recover and recovery.

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http://www.JudgmentBuy.com - Judgment Enforcement. The easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

California Consumer Affairs Recover Funds

noreply@blogger.com (JudgmentBuy) — Sun, 19 Feb 2012 22:45:00 +0000

RECOVERY FUNDS

If you have a judgment against a licensed professional (real estate broker, agent, contracter, etc.), check to see if there's a recovery fund against which you can make a claim.

The California Department of Consumer Affairs licenses more than 2.1 million Californians in more than 180 different professions, ranging from doctors to accountants to mechanics to security guards.

Phone: 800-952 - 5210, or visit www.dca.ca.gov

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http://www.JudgmentBuy.com - Judgment Enforcement. The easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

JudgmentBuy is perfect for Native American Attorneys

noreply@blogger.com (JudgmentBuy) — Sun, 19 Feb 2012 04:07:00 +0000

JudgmentBuy is perfect for Native American Attorneys. JudgmentBuy has free judgment and debt leads for lawyers in every state. Native American Collection lawyers or judgment specialists, please see http://www.JudgmentBuy.com to see how good we are for lawyers.

Typing Legal Characters

noreply@blogger.com (JudgmentBuy) — Fri, 17 Feb 2012 19:57:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

If you are an attorney or a paralegal, you probably know very well how to make your word processing program type and print a § or a ¶ symbol. For the rest of us, the average word processor does not usually make it obvious how to make legal symbols.

¶, •, and §, are never used in conversations, however they are often used on written motions and pleadings; which can be typed by mortals representing themselves.

Legal symbols are used most often by lawyers, when they type up motions and pleadings. Occasionally lawyers use a few other strange symbols such as Ӝ in odd places, to confuse the other side. When representing yourself, you do not need a law degree to make your own motion or pleading.

What do some of the symbols mean? The § symbol means the section, or a section area. The ¶ symbol, called a Pilcrow, means the end of a paragraph. The • symbol is called the bullet, that means a point to take notice of, or an item on a list.

Here is what I learned from other judgment enforcers, and from experimentation, on some shortcuts to make legal symbols.

What keys to press, to produce a specific special character, depends on the unique combination of what kind of computer you have, what brand of word processor you use, and what version it is. This article lists some ways to produce legal symbols, however your mileage will vary.

In Microsoft Word 2010 and possibly other versions, click on Insert, then click on Symbol, and then select the desired symbol, among them should be ¶ and §. In Word 2007, you must do one more step, and click on Special Characters.

If you have a Macintosh, with almost any kind of word processor including BBEdit, TextWrangler, OpenOffice, and TextEdit; pressing ALT/Option 6 makes a §, and Alt/Option 7 makes a ¶.

In most PC programs, if you have a number pad, you can usually hold down the ALT key and then type 0167 on the number key pad, and release the ALT key, to get a §. You can usually hold down the ALT key and type 0149 to get a •, and ALT 0182 to get a ¶.

Even if it takes awhile to figure out how to make the special characters you want on your PC, most programs remember the last few special characters you used. The next time you want to use one, it should be at the top of the list.

Another solution is to install a software shortcut or "hotkey", to (e.g.) map Control-S to § and Control-P to ¶.

There are many keyboard combinations to produce special characters on PCs, by holding down the ALT key. A handy list for PC-users is at: http://tlt.its.psu.edu/suggestions/international/accents/codealt.html

Finally, most courts have eliminated the "blue backs" on pleading and motions, however be aware some Federal District courts still require them.

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http://www.JudgmentBuy.com - Judgment Enforcement - the easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Nevada expands debtor LLC company protections again!

noreply@blogger.com (JudgmentBuy) — Thu, 16 Feb 2012 14:58:00 +0000

As if it was not bad enough that Nevada protects debtor corporate entities, they just added:

CHARGING ORDER PROTECTION IS NOW AVAILABLE FOR SMALL CORPORATIONS

http://www.jeffreyburr.com/CM/Custom/Charging-Order-Protection-is-Now-Available-for-Small-Corporations.asp

Government once again let's crooks get away with ripping people off, shame on Nevada lawmakers.

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http://www.JudgmentBuy.com - Judgment Enforcement, the easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Testing For MLM Scams

noreply@blogger.com (JudgmentBuy) — Thu, 16 Feb 2012 04:57:00 +0000

I am a Judgment Broker that writes often. In my job, I communicate with many judgment owners around the country. I see countless judgments against MLMs that were sued, by the people they scammed.

Most of the judgments I have seen against MLMs will never be recovered. Many were served by publication (the weakest way to serve a lawsuit) because the MLMs hid their real locations. Also, many MLMs were sued only by their company name, that disappeared or folded right after they were sued.

In this article, I list ten simple tests you can do, to research a MLM, before you sign up with them. While not foolproof, these ten tests are easy, and may help predict if a MLM is likely to be a scam:

1) First, many MLMs are scams in one way or another. The best of them scams you by encouraging you to think it will be easy money working or selling a MLM's product or service. The worst MLMs rip you off. No matter how good a MLM is, everything really depends on you and your ability to sell.

2) Is their product or service in any way unique, real, needed, a bargain, or what customers want? Not many MLMs can pass this test. A small percentage of people can succeed even when a MLM fails this test, however most people will have little or no success, unless a MLM passes this test.

3) Can you earn money without recruiting others to sell for you? If a MLM pays you only for recruiting others, that can be a warning sign they do not have a real product.

4) Does the MLM charge you too much to sign up? If their signup fee does not include anything of value, beware.

5) Another warning sign is, do they promise that you will become rich quickly?

6) Do they tell you what their products are? If a MLM's only products are brochures and web sites, beware.

7) Do they tell you anyone can succeed? In the real world, a combination of luck, funding, skill, and hard work, is usually required.

8) Does a web search for the MLM show only good reviews? If so, beware of fake reviews from shills. If there are bad reviews, read them, and be aware that there are two sides to most stories.

9) Do they have a street address, a phone number to call, and do they respond to emails? There are many good companies that do not do, or have all three. It is a good sign if they have at least two out of three.

10) How secretive are they? Is their domain name ownership (whois: domainname.com) private, or by a proxy service? Are they based in Florida? Do they have any mailing address at all? The more secretive a MLM or any company is, the more careful you should be when dealing with them.

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http://www.JudgmentBuy.com - the easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Why JudgmentBuy is better than JudgmentMarketPlace

noreply@blogger.com (JudgmentBuy) — Thu, 16 Feb 2012 01:07:00 +0000

The world is big enough for two excellent choices to try and sell, or get future-pay recovery of your judgment. For most judgment owners, we are very sure JudgmentBuy.com is a better choice, for these reasons:

JudgmentBuy is active. JudgmentBuy screens every judgment, and matches it to exactly the right buyer or enforcement solution. JudgmentBuy's expert screening prevents you and everyone else from wasting their time and money. The other guys are passive.

JudgmentBuy networks with the best judgment buyers and enforcers. The other guys network with the general public.

JudgmentBuy has professional buyers who can offer you choices, the other guys have the general public.

JudgmentBuy is free to judgment owners. The other side charges judgment owners a fee.

JudgmentBuy is the leader in free education for judgment owners. The other side copies our articles with permission.

JudgmentBuy offers reality. Real judgment buyers, good collection lawyers, and the best judgment enforcers. JudgmentBuy screens out flakes and bad apples. The other side lets people imagine their judgments are made of gold, even if they are not.

JudgmentBuy is the pioneer in matching judgment owners with buyers and enforcers. JudgmentBuy is constantly improving, the oldest, the largest, and the best.
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http://www.JudgmentBuy.com - the easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

California Vehicle History DMV reports

noreply@blogger.com (JudgmentBuy) — Wed, 15 Feb 2012 15:13:00 +0000

Q: I have a judgment debtor in California that transferred his expensive car to his girlfriend to avoid me levying it. I know the VIN #. I tried CARFAX, but that only showed me the repair history. Do you know a website, where I can look up the ownership history of a vehicle?

A: Get a commercial requester account at the DMV. They have ownership history reports. Or hire a Private Investigator to run the report for you. Getting a commercial account from the DMV requires filling out their complex signup form. It takes a few weeks for the DMV to approve you. It costs $50 and lasts for 2 years.

The DMV application costs $250 if you want the output of your inquiries to include the residence address of the person whose driver's license or vehicle license (VIN) is requested. As with most applications of this type, it is unlawful to share this information with third parties who are not also DMV commercial requester account holders. (This restriction information is on the application itself.) Of course, licensed California private investigators can give out the results of such inquiries to their clients with appropriate safeguards.

Another option is a web site like https://www.imvrs.com. Sites like this can help you fill out the DMV form so you can get it right the first time. Sites like this make it easier to pull DMV vehicle ownership history reports for a few dollars each.

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http://www.JudgmentBuy.com - Judgment Enforcement - the fastest and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Assignees And Causes Of Action

noreply@blogger.com (JudgmentBuy) — Wed, 15 Feb 2012 03:06:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

In bad economies, judgment debtors are more likely to take advantage of the potential "proof of service loopholes" created by default judgments. Some judgment debtors will claim they were not properly served, even if they actually were, and try to vacate a default judgment against them. When you are considering becoming an assignee of record, pay attention to the proof of service.

When a default judgment is vacated (set aside), that is bad news for the Original Judgment Creditor (OJC). After a judgment is vacated, the OJC has the option of suing the defendant again and possibly getting a new judgment.

When a judgment is assigned, the cause of action for the judgment does not transfer. The assignee of record has no standing if there is an attempt to vacate or appeal the judgment. Also, an assignee of record has no recourse if a court clerk or the county recorder makes a mistake, that prevents their judgment lien from attaching to a judgment debtor's property.

When a default judgment is vacated, it is usually a disaster for an assignee of record, because the cause of action is lost, which means the judgment is now worthless, and the assignee loses everything they spent trying to recover the judgment.

Just because a judgment was won by default, does not mean it will never get enforced. However, default judgments are weaker than contested judgments. In some states, for example New York, default judgments require a new case number, and winning a new court hearing to be domesticated to their state.

There are ways to clean up questionable proofs of service on default judgments. One way is to have the judgment debtor personally served something related to the judgment (using a registered process server or a Sheriff), then wait six months; and then the judgment debtor will not be able to successfully claim they did not know about the judgment. If you do this, any issues about the original proof of service for the lawsuit not being served on the judgment debtor correctly, become moot.

Some judgment enforcers have purchase contracts which require the OJC to reimburse them something if the judgment gets vacated, appealed, or if the judgment debtor successfully gets bankruptcy protection. Some OJCs do not like such policies, and look for other judgment enforcers with contracts that do not require reimbursements under those circumstances.

I can see both sides of the issue. When a judgment gets vacated because of an inadequate proof of service, the judgment enforcer takes a bath because the OJC did not make sure to get the judgment debtor personally served by a registered process server or a Sheriff.

When the notice of the lawsuit was not properly and personally served, or was served by publication, it might end up being a worthless judgment. Before spending significant money recovering a default judgment having non-perfect proof of service, clean up the proof of service.

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http://www.JudgmentBuy.com - Judgment Enforcement. The fastest and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

How To Record A Lien

noreply@blogger.com (JudgmentBuy) — Mon, 13 Feb 2012 04:46:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Recording a judgment lien used to be the most popular and cost effective way to recover most judgments. Due to the economic mess, liens are not as reliable or as wise of an investment as they used to be.

There are many kinds of liens that generally can be classified as being one of two types; real estate liens, and non-real estate liens.

Depending on which state you are in, there are usually three kinds of liens used in the recovery of judgments: real estate liens, UCC liens, and liens created by having a judgment debtor personally served with a judgment debtor examination.

All regular judgment liens expire, however most can be renewed. Usually, real estate liens last as long as the underlying judgment. UCC liens last an average of five years, and debtor examination liens usually last one year.

In judgment recovery, the most popular type of liens are real estate liens. When the judgment debtor's property is sold or refinanced, the judgment is sometimes partially or fully satisfied, in exchange for the creditor removing the lien.

In California, to record a real estate lien:

1) Fill out an Abstract Of Judgment form. You can get this form at the court or the court's web site. Make two paper copies.

2) Bring or mail the two paper copies to the court. Pay the court, to have the court stamp and endorse the Abstract Of Judgment forms. They keep one copy, and give you the second copy. Make a copy of that, or the court can print an extra copy for you for a nominal fee.

3) Bring or mail two copies of the Abstract Of Judgment to the county recorder where the judgment debtor's property is located. Pay the recorder to record your abstract of judgment, and pay them to mail a lien notice to the judgment debtor. The county recorder will keep one copy of the Abstract Of Judgment, and return their endorsed copy to you. County recorder policy varies by county and state, so always verify the details at the court or their web site.

UCC liens are usually recorded when the judgment debtor is a business. UCC liens are sometimes also recorded for non-business judgment debtors.

To record a UCC lien, download a UCC form from your Secretary Of State's web site and fill it out. Writing the judgment information and case number, and a description of the judgment debtor's assets on the UCC form, can make that lien stronger.

Mail the completed UCC form to the Secretary Of State with a check, and wait for them to mail a copy to you. Then, mail a copy of the endorsed UCC form to the judgment debtor.

In California, having a judgment debtor personally served with a judgment debtor exam, creates a lien on their personal property for one year. Writing a description of some of the judgment debtor's personal property on the front or back of the judgment debtor examination forms and affidavits, may make this kind of lien stronger.

The most common way a judgment creditor may get paid by recording a real estate lien, is if or when the judgment debtor sells or refinances their property, because sometimes lenders and buyers require or arrange for prior recorded liens to get paid off.

Sometimes recorded liens can make you a secured creditor if your judgment debtor files for bankruptcy protection. Once in a while, you might eventually get paid something after your judgment debtor files for bankruptcy protection.

Getting and recording judgment liens does not guarantee that a judgment creditor will get paid.

In fact, usually, these days, recording liens will not result in any payment. However, getting and recording a lien is not difficult or expensive, and may be a good first step to eventually getting paid.

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http://www.JudgmentBuy.com - Judgment Enforcement - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Where we fit in the universe

noreply@blogger.com (JudgmentBuy) — Mon, 13 Feb 2012 03:07:00 +0000

http://static.flabber.net/files/scale-of-the-universe-2.swf

There is an ad, and a delay, but it's worth it.
For those equipped with a good scroll wheel, it's fun to back out to the entire universe, then take a dive down to microscopic levels as fast as you can. Use the bottom scroll bar to see where we fit in the scheme of things.
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http://www.JudgmentBuy.com - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

700K New Mexico judgment for sale for 2K cash up front

noreply@blogger.com (JudgmentBuy) — Sat, 11 Feb 2012 23:42:00 +0000

http://www.judgmentbuy.com/nationaljudgments.html#NM

Debtor is young and makes money, you can buy a judgment against him for 0.2 cents on the dollar!

Best judgment bargain on the planet - won't last! Email Mark@GoGuys.com

Don't Give A Flake Your Judgment

noreply@blogger.com (JudgmentBuy) — Sat, 11 Feb 2012 20:53:00 +0000

Don't Give A Flake Your Judgment!
One of the best reasons to use http://www.JudgmentBuy.com is that JudgmentBuy.com is a judgment broker, the only entity that actively and consistently screens out flaky judgment enforcers, flaky lawyers, flaky collection agencies, and flaky judgment buyers.

Anyone can call themselves a judgment buyer, a judgment enforcer, or a judgment recovery specialist. Even those with a long track record can start to lose it, and a judgment broker learns of problems faster than most others, so a judgment broker can steer you in the safest direction.

On the internet, nobody knows you are a dog. JudgmentBuy knows and partners with most of the best judgment enforcers, judgment buyers, and contingency collection lawyers. Going for a free introduction with JudgmentBuy.com not only saves you money and increases the chances you will be paid, it drastically reduces the chances that you will give your judgment to a flake.

Judgment Quotes

noreply@blogger.com (JudgmentBuy) — Sat, 11 Feb 2012 19:23:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Usually, when you have a judgment, your judgment debtor will not pay you voluntarily. Most people do not want to read or think a lot about their judgment. Most people just want an instant quote from someone who will buy their judgment immediately.

The problem is, that is not how getting a quote for a judgment really works, unless you sell your judgment for less than one cent on the dollar. Anyone that buys a judgment must spend time and money, and take some financial risks, to try to recover money from it.

In this article, "buyer" means an expert qualified to estimate and quote a judgment's approximate value, which could be a judgment buyer, investor, recovery specialist, collection lawyer, or a collection agency.

Only a qualified judgment buyer can estimate and quote a judgment's real value, which is mostly an estimate of both the risks, and what might be available to levy from what the judgment debtor owns, to satisfy the judgment.

To get a price quote for a cash up-front purchase of a judgment, you need a copy of the judgment, and what you know about the judgment debtor and their assets. While the judgment debtor is unknown and/or has no assets, the value of a judgment is approximately zero.

An example of an unfindable judgment debtor would be one having a name of (e.g.) Bill Smith, who was served with a lawsuit at a some transitory location, that could not be tied to anyone named Bill Smith. An example of a judgment debtor without assets would be one that has successfully filed for bankruptcy protection, or that has no attachable income or assets.

Presuming your judgment debtor is known and has some assets, your judgment has some value. On a cash up-front sale, the buyer takes all the risks, so the price offered is always a small fraction of the face value of the judgment.

When you sell a judgment, there is always paperwork that usually must be notarized. Their paperwork includes both a contract and either an assignment of judgment form, or a lawyer's or an agency's retainer form. Before the buyer's paperwork is sent to you, they must calculate the approximate value of your judgment, factoring in all known and some unknown risks.

Most judgments have value, however their value is not insurable, is not guaranteed, and is unknown, except for a short time after an estimate by a qualified buyer.

Even if judgments were guaranteed, they could never be sold cash up-front for anything close to their face value because of the time value of money. $100 now is infinitely more valuable than $100 ten years from now. Getting a tooth pulled 20 years from now is more appealing than getting a tooth pulled today. A judgment pays over time, if it pays at all.

About 85% of a judgment's value is mostly an estimate of what the judgment debtor can be made to pay from their available assets now, and 15% on what the judgment debtor might be able to pay in the future. In today's economy, the value of a judgment depends 85% on "now". Now lasts a very short time, and many futures can change quickly.

The prices quoted for a judgment somewhat depends on the location of the judgment debtor, because that effects how the judgment might be recovered.

The value of a judgment does not depend on you or your buyer, so shopping a judgment is not important, or at least not as important as shopping for anything else. Shopping your judgment is usually like shopping a $100 bill. The price stays near $100, no matter which buyer you show your $100 bill to.

One option is to send your judgment to one to five judgment buyers. Another option is to send your judgment to just one judgment broker. Sending your judgment to more than five judgment buyers is a waste of their time and yours.

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http://www.JudgmentBuy.com - Judgment Enforcement where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Santa Clara County's offer for a collection company

noreply@blogger.com (JudgmentBuy) — Sat, 11 Feb 2012 19:03:00 +0000

OMG, because JudgmentBuy.com is getting national recognition as the best judgment recovery solution, the city of San Jose invited JudgmentBuy.com to bid on recovering their massive pool of judgments, mostly for medical debts. They just don't get it. To qualify to bid, you must bend over backwards and jump through hoops including writing many pages of answers, making 8 copies of everything, and meeting hundreds of rules and conditions. If you "win" you get to keep 8-12% of what you recover on their debts and judgments. I do not know any judgment enforcer, collection lawyer, or collection agency that can survive on an average of 10% on tough debtors with few assets.

CCP 685.090(c) Not in Santa Clara County!

noreply@blogger.com (JudgmentBuy) — Sat, 11 Feb 2012 00:44:00 +0000

Q: Per CCP § 685.090(c)(2) I’m supposed to be able to get a "certificate" from the court clerk that the costs have been added to the judgment. Do you have a sample of this for Santa Clara county, California?

A: In Santa Clara county, I have tried this a few times, starting with the window clerk, then going to the head clerk, that consistently told me, yes, we know about that, but we don't do that in this court.

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http://www.JudgmentBuy.com - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Should I record an Abtract Of Judgment or a Certified Copy Of the Judgment

noreply@blogger.com (JudgmentBuy) — Thu, 09 Feb 2012 19:13:00 +0000

Q: I have heard that it is better to record a certified copy of my judgment instead of an abstract of judgment. What do you think?

A: I am no lawyer but in California at least, I think it's far better to record an abstract of judgment because it is easier to read, understand, and is much less likely to be missed.

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http://www.JudgmentBuy.com - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Get ready for my judgment, it's coming in BK court!

noreply@blogger.com (JudgmentBuy) — Wed, 08 Feb 2012 23:50:00 +0000

Q: How come you won't research my judgment? I have a big judgment against a crooked lawyer. I know I will win and get my judgment declared non-dischargeable in a month or so. I gave you his social security number, why won't you research my debtor now so I can get my judgment recovered faster?

A: Until the BK ruling is done, I am scared to look up his social on my public records database, or contact judgment buyers I know. Violating or conspiring to violate the BK automatic stay is serious, and your debtors is a lawyer. His SS number will be the same after you get your judgment declared non-dischargeable. As soon as the BK court says you can recover your state court judgment, we are good to go!

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http://www.JudgmentBuy.com - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

I Need A Copy Of The Judgment

noreply@blogger.com (JudgmentBuy) — Wed, 08 Feb 2012 19:42:00 +0000

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

A judgment is both a piece of paper, and a historical record system. A judgment includes records of certain specific events related primarily to getting, and trying to recover the judgment. Judgments are not cash, not guaranteed, and do not recover themselves.

When you contact a judgment broker, buyer, enforcer, collector, collection lawyer, or a collection agency; they will not do anything significant until they see a copy of your judgment.

No matter how much and what, you tell some person or entity about your judgment, they will not be doing much computer work, or researching your judgment debtor fully with public records, until they see the actual judgment. One exception can be if the person or entity is close to the court, and your judgment is big and looks easy to enforce, they might get a copy of your judgment themselves.

The reason a copy of a judgment is needed is because being named a judgment debtor is serious, and only the actual judgment can be counted on, to accurately name specific debtor(s) and the date and amounts on the judgment.

The proof of service for a judgment is often very important. Default judgments are weaker than contested judgments because on defaults, debtors might claim they were not served properly, even if they were.

As soon as you send the actual judgment paperwork, and what you know about the judgment debtor(s) and their assets; then you can get serious quotes, contracts, retainers, or agreements, for the purchase or recovery of your judgment.

There is no average, when it comes to how much documentation people keep for their judgment. Some people keep nothing. Some people keep only the one page with the court's stamp, that shows the amount owed.

Some people keep multiple copies of everything, including all receipts, court documents, notes, copies of email, proposed revisions of the lawsuit (the complaint), all work products, envelopes received, etc.

Keeping the one page "meat" of the judgment might work fine, however it is best to also keep a copy of the proof of service, and whatever is known about the judgment debtor(s). Also, keep all documents that evidence any previous steps taken to try to collect, such as writs of execution, levies, and liens.

You do not want or need to keep, copy, and send out a 40-pound pile of papers. You should keep what is needed and no more. What was important in the past should be re-evaluated a year later. I recommend you keep only the page(s) of the actual judgment, the proof of service, one copy of the final complaint, and anything that identifies the judgment debtor(s) and their assets.

Unless you use a judgment broker, you will have to send your judgment documents to several or many enforcers, because most enforcers are now very picky about which judgments they will buy or try to recover, in the current economic situation.

When you communicate with a judgment broker, buyer, collection lawyer, or an enforcer, keep focused on your judgment, and what is known about your judgment debtor(s). It does not help to ramble on about trivia or your dislike of your judgment debtor, or to send them too much documentation. After you find the right buyer or recovery solution, then you can send the extra documentation you may have.

Judgment documents can either be paper copies or PDFs. They cannot be printed dockets from court web sites only for many reasons, including court web sites are not consistent, and judgment amounts and other important information may be missing on court web sites, and they are not guaranteed to be accurate.

If you do not have a copy of your judgment, the court can make a copy for you for a very nominal charge. Your court might let you download a PDF of your judgment. If you hired an attorney, perhaps they have a PDF or a paper copy of your judgment.

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http://www.JudgmentBuy.com - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.