All Blog Posts Tagged 'enforcement' (95)

Judgment Lien Releases - Who Blinks First?

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



In the old days, one of the easiest ways to satisfy a judgment was to record a lien on a judgment debtor's real estate.



When property was increasing in price, refinances and resales happened often enough that one could count on getting paid…

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Added by Mark Shapiro on December 18, 2011 at 5:07pm — 1 Comment

Judgment Problems - The Top 10

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



Judgments are not guaranteed, they are only chances for getting some money in the future. When the economy was good, judgments were sometimes a way to get money. Now they are only a chance of getting some money.



In the ideal situation,…

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Added by Mark Shapiro on December 16, 2011 at 10:32pm — No Comments

Judgment Debtor Exam Turnover Orders

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



This article is about using one specific type of turnover (turn over) order that can be used (in many states) at the conclusion of judgment debtor examinations. A turnover order may possibly get the creditor paid from cash, or the equivalent of cash,…

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Added by Mark Shapiro on December 13, 2011 at 8:17pm — No Comments

Prior Equalization Judgments

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



Many judgment debtors owe more people than just you. Some may be already be paying off prior family court judgments, with existing wage garnishments or wage assignments in place.



In this article, Family Court Judgments (FCJs) may be…

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Added by Mark Shapiro on December 6, 2011 at 10:22am — No Comments

Judgment Debtors And Trusts

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



A Trust is a document that (at least temporarily) separates the ownership of assets from people. Instead of a person owning an asset, the trust owns it.



There are many kinds of trusts. Trusts are not usually separate legal entities from the…

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Added by Mark Shapiro on November 29, 2011 at 11:01pm — No Comments

Probate Court, Wills, and Creditors

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



Probate is a court hearing and a process, to verify and oversee the ownership transition of a deceased's possessions.



Many people with assets think that if they have completed a will, when they die, everything automatically goes to their…

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Added by Mark Shapiro on November 28, 2011 at 12:36am — No Comments

Using An Elisor

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



An Elisor is court-appointed person who substitutes their signature for another person on documents, when that person cannot, should not, or will not sign them.



Sometimes an Elisor stands in the shoes of a sheriff or a coroner (when…

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Added by Mark Shapiro on November 26, 2011 at 7:29pm — No Comments

Judgments And Rental Deposit Levies

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



Your judgment debtor is sneaky, and does not have a regular job. You cannot find their bank account, and they seem to work for cash. However, they rent a nice place, and you know they placed a security deposit with the landlord. Can one levy on that…

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Added by Mark Shapiro on November 22, 2011 at 2:38pm — No Comments

When Debtors Lie In Their Examinations

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California. If you ever need legal advice, please contact a lawyer.



One of the best tools in the judgment recovery business is the potential power of a judgment debtor examination. Like many tools with potential power, as Eric Clapton would sing, "it's in the way that you use it".



Results from judgment debtor examinations depend more on the examiner than…

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Added by Mark Shapiro on November 19, 2011 at 11:45pm — No Comments

The Problem With Big Judgments

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California. If you ever need legal advice, please contact a lawyer.



When the word judgment is used in this article, it means judgment or debts. When enforcer or recovery specialist is used, it means professionals in the debt or judgment recovery business, including lawyers.



Judgments are usually more powerful than debts, and almost every civil judgment…

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Added by Mark Shapiro on November 18, 2011 at 3:49pm — No Comments

Small Judgments And Debt Recovery

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California. If you ever need legal advice, please contact a lawyer.



Debts and judgments do not recover themselves. In this article, when the words (judgment or judgment debtor) are used, they mean judgments or debts. Judgments are stronger than debts, and almost all civil money judgments start out as debts.



Compared to debts, there are many more tools…

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Added by Mark Shapiro on November 16, 2011 at 9:20pm — No Comments

Information For A California Bank Levy

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California. If you ever need legal advice, please contact a lawyer.



Of the articles I have written so far, this 2011 one is most likely to become stale, because banks merge and change policies often. Always verify bank policies before you levy a bank account.



Historically, the laws covering California bank levies were drafted in the days of typewriters,…

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Added by Mark Shapiro on November 15, 2011 at 6:41pm — No Comments

California Civil Sheriffs Compared

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

 

Jurisdiction is one of the foundations of civil law. Usually, a judgment needs to be domesticated to the state and county, near the judgment debtor. When a bank does business in more than one state, sometimes one can have the sheriff levy a branch…

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Added by Mark Shapiro on November 15, 2011 at 1:03am — No Comments

Levying On Stock Accounts

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

 

Most of the time, judgments are not easy to recover. The most common and cost-effective tools to recover a judgment are bank or employment (wage) levies/garnishments.



Many judgment debtors have assets, however…

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Added by Mark Shapiro on November 13, 2011 at 9:52pm — No Comments

Phantom Bankruptcy Discharges And Community Property

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

 

What if one has have a judgment debtor, and their non-debtor spouse filed for Chapter 7 no-asset Federal bankruptcy court protection? What if only the non-debtor spouse filed for bankruptcy, and the…

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Added by Mark Shapiro on November 8, 2011 at 7:34pm — No Comments

Slow Judgment Enforcers

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



You found, or were referred to, a professional judgment enforcer, collection agency, or a contingency collections lawyer. They were highly recommended to you, yet they have not made any progress on recovering your… Continue

Added by Mark Shapiro on November 6, 2011 at 12:59am — No Comments

Community Property

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



What if you have a judgment against a married debtor, but not against their spouse? Of course, your judgment debtor drives a nice car, lives in a nice house, and you know their spouse recently inherited a large sum… Continue

Added by Mark Shapiro on October 31, 2011 at 9:21pm — No Comments

Selling A Debtor's Home

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



What if your judgment debtor refuses to repay the money judgment they owe you, yet they live in, or have, a nice property they own. Is it possible, and does it make sense, to have the sheriff sell (at auction) a… Continue

Added by Mark Shapiro on October 30, 2011 at 11:26am — No Comments

E & O Insurance For A Judgment Collection Business

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



Anyone with a new judgment recovery or debt collections business thinks at least once about what kind of insurance they should buy. There are risks in any business, and the risk of being sued is one of the most important… Continue

Added by Mark Shapiro on October 27, 2011 at 10:47am — No Comments

Sheriff Keepers

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



When the judgment debtor is a business, one of the tools to recover a judgment is to hire a sheriff to be a "keeper". The definition of a keeper is when a sheriff or their agents, go to a business for at least a… Continue

Added by Mark Shapiro on October 26, 2011 at 9:56am — No Comments

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