How does all this work?
First, we complete an agreement detailing the specifics of the purchase of your judgment. If acceptable, you will then assign the judgment to us making us the assignee of record and legal owner. Once we have filed the assignment documents with the court, we will have the legal right to investigate the judgment debtor and proceed with the process of enforcement. We will then determine the asset value based on the possibility of recovering funds from the judgment debtor. *Florida has specific limitations on the enforcement of Judgments including the manner in which it is purchased and assigned. This site is multi-state and not specific to any one state. We are not attorneys and do not represent the rights or interest of anyone. When assigning a judgment no Client Relationship exists nor is inferred.
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 way of renewing your judgment for an additional period of time.
Can I recover interest on my unpaid 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.
Shouldn't I use an attorney to enforce my judgment?
You can, if you are willing to put down a retainer and pay a fee of between $125 and $175 per hour, whether they ever recover anything or not. When we enforce the judgment, we pay you per our purchase agreement. In our personal experience using an attorney to enforce our own judgments, we found they were more then willing to accept the case for suite. However once the Judgment Order was entered, we were on our own. It seems that the easy part is appearing in court. Squeezing money out of the Judgment Debtor is another story.
Are you or your your staff attorneys?
NO!
How about using a collection agency?
A collection service may contact the deadbeat 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), the debtor has the right to just tell a third-party debt collector to cease all communications. We, as the legal assignee of record, are not affected by many provisions of the FDCPA. We can investigate the debtor, locate his assets and seize them to enforce the judgment.
Can you take possession of the Debtor's Personal Property, Real Estate or Vehicle?
Yes, in some cases. This depends on the state where the property is located. An Execution, Levy, or Lein will assist us in this procedure, we will also make use of a few other resources we have, while complying with the Rules of the Court in that particular state.
Is there any guarantee that you will be successful?
No. Sometimes there are simply no assets to seize. But you can be sure that we will do our best, because if we are unable to enforce your judgment - we don't get paid! This gives us a serious incentive to succeed!!
Must I pay any of the expenses incurred in enforcing my judgment?
No. In fact, we purchase the judgment from you, based on asset value. At the time that we purchase your judgment, we've neither had the opportunity nor the legal right to investigate the judgment debtor. We can only do that after filing an 'Assignment of Judgment' with the courts. We then investigate the judgment debtor, and in accordance with the laws of your state, proceed with our enforcement efforts. Only after our investigation can we actually determine the value of the judgment. In most cases, the expenses incurred in enforcing the judgment are either added to the judgment and recovered from the judgment debtor, or they are deducted from the amount actually recovered. Judgment Must be Docketed or recorded with the court. You supply address,assets & information. If you don't have this information for a fee an investigator can locate this information nessessary to determine value.
How long before I will actually see results?
It all depends on the difficulty in locating the judgment debtor and in uncovering his assets. Some debtors are pretty adept at hiding their assets. They 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 in a difficult case.
I have a judgment awarded in one state against a debtor who resides in another state. Can you help?
In most cases, yes. Especially if the judgment debtor answered your complaint or made an appearance at your hearing. If the judgment debtor didn't appear, the judgment is called a default judgment which is usually considered a weaker judgment. Each of us has the right to confront our accusers and to defend against any legal claims. So, if the debtor is able to show the court that he was not properly served, or served in the wrong capacity, he can file a motion asking the court to set aside the judgment. Overcoming this hurdle can be one of the most difficult in any enforcement effort. Especially when done across state lines.
Someone owes me money; can you get me the judgment?
NO. You can represent yourself (Pro Se); use a collection agency or an attorney. Once you are awarded the Judgment only then can we be involved in the purchase of the judgment and it's enforcement.
The Debtor filed for bankruptcy; can you enforce the Judgment?
Brian Petrone JUDGMENT ENFORCEMENT AGENCY will search the court databases for the outcome of bankruptcy. Once we have the information we will discuss your options based on the events of the proceedings.
Brian Petrone JUDGMENT ENFORCEMENT AGENCY, upon Agreement of Purchase and Assignment of Judgment, reserves total and exclusive right to direct the enforcement of any judgment at its discretion as the owner of the judgment. In certain cases, an agreement for payment terms is reached between Brian Petrone JUDGMENT ENFORCEMENT AGENCY and the judgment debtor. This may facilitate expedition of the procedures involved, and ultimately may lead to the satisfaction of the judgment where satisfaction may not otherwise have been attained.