Frequently Asked Questions
Is there a statute of limitations on executing my judgment?
Yes. Your state law sets a limit on how long a judgment is enforceable, called a Statute of Limitations. This period is usually from 5 to 20 years starting on the date your judgment was awarded. Some states provide a means of renewing your judgment for an additional period of time.
Does interest accrue on my judgment?
Usually, yes. Most judgments include a provision for the payment of interest from the day it was awarded. The actual interest rate and calculation process varies from state to state. With interest, your judgment could be worth significantly more than the day it was awarded.
How will you determine the value of my judgment?
We will conduct a preliminary investigation, at our expense, to determine the judgment debtor's ability to pay. After the purchase we will have the legal right to fully investigate the judgment debtor, and in accordance with the laws of your state, proceed with our enforcement efforts. Only after our full investigation can we actually determine the true value of the judgment.
How long before I will actually see results?
It all depends on the difficulty in locating the judgment debtor and uncovering their income and assets. Some debtors are pretty adept at hiding their income and assets. They often appear to live without any 'normal' means of support. We will try our best to get results in the first few weeks but it could take months to several years in a difficult case.
Why shouldn't I use an attorney of collector to enforce my judgment?
You can, if you are willing to put down an up-front retainer fee and pay the attorney $100 or more per hour, whether or not they are able to recover anything at all. When we enforce the judgment, we pay you and there are no up-front costs.
A collection service may contact the debtor and irritate him to death! They may even place a black mark on his credit report. But, they rarely collect! And with the passage of the FDCPA (Fair Debt Collection Practices Act) a debtor has the right to just tell a third-party debt collector to cease all communications. When we enforce we have full permissible purpose to get the award you rightfully deserve.
Judgment awarded in one state against a debtor who resides in another state. Can that be enforced?
In most cases, yes. Especially if the judgment debtor answered your complaint or made an appearance in court. If the judgment debtor didn't appear, the judgment is called a default judgment which is considered a weaker judgment. Each of us has the right to confront our accusers and to defend against legal claims. So, if the debtor is able to show the court that he was not properly notified, or served in the wrong capacity, he can file a motion asking the court to set aside the judgment. Contact us today for your judgment enforcement.
What income is not collectable?
Funds that are exempt from collection are:
- Income earned in the last 60 days (90% of which is exempt);
- Social Security;
- Social Security Disability (SSD);
- Supplemental security income (SSI);
- Public assistance (welfare);
- Income earned while receiving SSI or public assistance;
- Veterans benefits;
- Unemployment insurance;
- Payments from pensions and retirement accounts;
- Child support;
- Workers' compensation benefits;
- Spousal support or maintenance (alimony);
- Railroad retirement;
- Black lung benefits;