When the enforcer is close to the debtor, it vastly increases the likelihood of recovering money from your debtor
When picking a judgment enforcer (or attorney) to enforce your judgment,
it's very important to pick one who is close to the debtor, even
better, close to the debtor's available assets.
For the rest of
this article, debtor means the debtor's assets, because you can only
take what a debtor owns - not the debtor themselves.
Most
judgment enforcers charge 50% of what they recover. This is because of
the expense and hassle of enforcing judgments legally. When the enforcer
is close to the debtor, it vastly increases the likelihood of
recovering money from your debtor.
Note that it is not important
that a judgment enforcer be close to you. In the old days, judgment
enforcers had offices you could walk into. For security and other
reasons, most judgment enforcers do not have a walk-up location. Most
have a post office box. That is not something to worry about. What
counts is their post office box is in the same county as the debtor.
The
most important reason for picking a local enforcer, is one has to have
permission from a court that is reasonably close (e.g., within 150
miles) and always in the same State as the debtor. Otherwise it takes
extra steps, time, and costs to move the judgment to the courthouse
closest to the debtor. Sometimes the case number changes when you move a
judgment to a new County in a State.
Other reasons include:
1)
When a judgment enforcer works in the same court many times, it means
they are more familiar with the many styles of judges, rules, and
procedures of a particular court.
2) Debtor exams and other court
motions and actions become very convenient for the judgment enforcer.
3)
The debtor's assets, habits, and situation are easy to determine.
4)
Witnesses and third-parties are easy to find.
5) Debtors are
often more willing to pay, when they know the odds have been changed, by
having a local judgment enforcer next to them.
6) In person
court-filings mean no unexplained delays. Filing documents by mail can
add months to enforcement procedures.
Too many judgment enforcers
take judgments with debtors too far away from them. Except for big
judgments, it makes no sense to domesticate (make enforceable in the
same State)a judgment unless you are close to the debtor.
When a
judgment enforcer takes on a judgment too far away, they cannot work as
quickly or effectively as a local judgment enforcer. Make sure the
judgment enforcer you pick is local to the debtor - or works near the
debtor's location on a regular basis.
| Additional articles about Local Judgment Enforcement |
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| About the author |
Mark D. Shapiro - Mark@GoGuys.com - Judgment Enforcement Catalyst.
V: 888-831-4350, Fax: 206-267-9857.
The FAQ is at http://www.JudgmentBuy.com - is updated often with must-read info for everyone involved with Judgments. |
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