Barry R. Goldman
Enforcement Of Judgments
FAQ
Q. Are you an attorney, and do you give legal advice?
A. I am not an attorney and do not render legal advice. Nothing a stated herein should be construed as legal advice. If you need legal advice, you should consult your own counsel.
Q. What is judgment enforcement?
A. Simply put, judgment enforcement is the process of turning an order of the court into cash or its equivalent. Once the judgment has been issued by the court, the judgment has become an intangible asset, or item of personal property.
Q. I've won my court judgment. Now what do I do?
A. You can take positive steps for the recovery of your judgment. You can contact a professional Judgment Enforcement Specialist who has been doing judgment recovery for a substantial amount of time and has the resources and experience to bring satisfaction to the judgment. My telephone number is 866.648.6537.
Q. A judgment is a court order. Why can't the courts enforce my judgment?
A. Simply put, the court's obligation ends at making a finding (judgment). The court may provide the forum for the debtor to make payments on the judgment through the court clerk, but the onus of responsibility for enforcing the judgment is on the judgment creditor.
Q. Where can I learn about judgment enforcement to decide if I want to do it myself or use a professional?
A. You’ve got some of the best resources at your disposal – my website, my telephone number, and my e-mail address. You can also get a copy of my book, "A World of Opportunity: The Real World Judgment Recovery Guidebook" or give me a call to discuss your needs or situation. I have a 30-day money back guarantee on my book.
Q. I don’t have the time or resources to go after my judgment. What does a Judgment Enforcer do?
A. A professional Judgment Enforcer not only provides a private service to the Judgment Creditor, but also a service to the community. If the courts cannot enforce the judgment, and individuals and businesses do not have the resources to do so, a professional Judgment Enforcer is what is needed. There are some powerful legal and investigative resources that a Judgment Enforcer has at his or her disposal to work toward resolving the judgment. A professional Judgment Enforcer will step “into the shoes” of the Judgment Creditor and attempt to enforce the judgment.
Q. But I've heard that people can get arrested for a judgment. Is that true?
A. In a civil matter, if a debtor fails to appear at a mandated hearing (such as a Judgment Debtor Examination) after having been properly served by the Sheriff or Registered Process Server, the court may issue a bench warrant for that individual. It is up to the Sheriff to execute on that warrant.
Q. But I've heard that people can get arrested for a judgment. Is that true?
A. In a civil matter, if a debtor fails to appear at a mandated hearing (such as a Judgment Debtor Examination) after having been properly served by the Sheriff or Registered Process Server, the court may issue a bench warrant for that individual due to the civil contempt. It is up to the Sheriff to execute on that warrant.
Q. How long is my judgment good for?
A. In California, a judgment is good for ten (10) years. It may be renewed. In Arizona, a judgment is good for five (5) years, and may also be renewed. Other states have differing statutes of limitations and renewal requirements.
Q. The judgment debtor left the state without paying me. Can something be done to enforce my judgment?
A. A. The answer may be, “Yes”. A judgment may be domesticated in another state, so long as the judgment is meeting certain guidelines. For instance, although a California judgment is good for ten years, Arizona will not accept domestication on that judgment unless the original judgment is less than five years old [for more detail, see Citibank (South Dakota), N.A. v. Phifer, 887 P.2d 5 (App. 1994) and Arizona Revised Statutes Sec. 12-544, et seq.].
Q. Do you work judgments out of California?
A. Absolutely. So long as the judgment is valid and enforceable, judgments are accepted and worked until all reasonable means have been exhausted.
Q. I wanted to garnish the debtor's wages, but I found out the IRS has a lien. Can you help?
A. I may be able to enforce the judgment. (Remember, I purchase judgments and don’t represent other parties, so I don’t “help”.) Although the IRS lien may attach to the debtor's wages, he/she may have other assets to use for the recovery of your judgment.
Q. What kind of judgments do you accept?
A. All judgments submitted are evaluated for Assignment. If there is money to be found, it's worth the effort. For individuals and businesses, our aggressive, unique collection methods provide a very cost effective alternative to recovering your judgment or collecting your accounts receivable assets.
Q. I have some bad checks that I’ve been holding and unable to collect. Do you purchase those?
A. I will evaluate returned checks in California, and recover them as allowed by law. California statute provides for damages if certain requirements are met. See CA Civil Code Sec. 1719 for further detail (www.leginfo.ca.gov).
Q. What guarantees do I have that you will recover the judgment?
A. There are no guarantees, except that I will make a strong effort. I use varying strategies and tools available to recover judgments, including pursuing assets of spouses and levying at the business of the debtor, depending on the information I am able to uncover about the judgment debtor. In some instances, I have been able to add aliases and alter egos to the judgment, such as when a debtor goes by another name or uses his/her business or entity as a front for hiding personal assets.
Q. I don't like the idea that I am handing over my judgment to someone else I don't know. Can I get it back if I change my mind?
A. The basis of the Assignment is the Purchase Agreement, which requires the Assignment to be absolute. Because of the statutes and laws pertaining to Unauthorized Practice of Law, if you assigned your judgment for a period of time, you would not have an absolute purchase, and your "assignee" would, in essence be representing you. My policy has always been that if I cannot do something to make a recovery, I don't want to waste your time or mine. Accordingly, if I see a judgment is going nowhere, I will offer it back to the judgment creditor. Most judgment creditors, however, because they don't have the resources to continue to track the debtor, ask that the judgment remain in my hands for follow up.
Q. The debtor filed bankruptcy. I was told that the debt was a lost cause. Is my judgment a lost cause?
A. Bankruptcy on its own does not mean your judgment is a lost cause. In certain circumstances, a debtor may be discharged in the course of the bankruptcy, but the debt may be recoverable.
Q. What is the relationship between us?
A. As I am not an attorney, there is no attorney-client relationship. [We don't use the "C" word (“client”); it might get misinterpreted as practicing law without a license.] I cannot and do not "represent" a judgment creditor in court, but represent myself. The judgment creditor is a "seller" who assigns (sells) the judgment to me (the “buyer”). The contractual relationship established by the Purchase Agreement and separate Acknowledgment of Assignment of Judgment empowers the Assignee to act in the place of the judgment creditor. As the Assignee of the judgment (Assignee of Record, in Pro Per), I represent myself before the court.
Q. If you are not an attorney, how can you go to court and pursue the debtor?
A. Because I take judgments on an Assignment basis; that is, the judgment is purchased from the judgment creditor for a sum, I own the judgment. Accordingly, because a judgment is personal property (as opposed to real property), certain rights for disposition of the property come into play. One of those rights is to enforce the judgment.
Q. I've been told that Judgment Enforcement is easy. Is it?
A. Judgment Enforcement, just like any other business, takes dedication, patience, persistence and the ability to work through a myriad of issues. Many new folks are attracted to this business because of the ability to work from home. As a CAJP attorney colleague stated, "the field of judgment enforcement is ripe with individuals who have been told that they can start up a home-based business at nearly no cost, and many of these "newbies" have never stepped foot inside a court of law."
Q. I’ve thought about doing Judgment Enforcement as a home based business. Is that possible?
Yes, it is. The majorities of small businesses operate or started out operating from their home. For more details, see "A World of Opportunity: The Real World Judgment Recovery Guidebook" or give me a call.
Q. How much will judgment enforcement cost me?
A. Attorneys charge fees for representation; because I purchase judgments, and do not represent any other party, no “fees” are charged. The profit I potentially make is the difference in the purchase price from the amount of the judgment (a “discount”). Each purchase is a separate transaction and quoted as such. For further information, please contact me directly at (866) 648-6537.
Q. So, what's the bottom line difference between using my attorney to recover my judgment and using a judgment professional?
A. Attorneys charge by the hour. That's how they make their money. They take direction from their client and see to it that their client is represented. They have no stake in the outcome. An Assignee taking on a judgment has a stake in the outcome. If there is no recovery, there is no money earned.
Q. I've had this judgment for a while, and done nothing with it. How much is it costing me?
A. You may be sitting on your judgment and doing nothing about recovering the sums owed you. How much did the debtor take from you? How much time, effort and expense did you incur to get that judgment? Your judgment, if nothing is done to recover amounts due, is costing you its face value, and the value of that money decreases every day. It's the time value of money. It costs you absolutely nothing (except an outside notary fee) to assign the judgment. By assigning your judgment, you may benefit yourself far more in the long run, because you will have assigned it to a professional with years of experience and success in recovering judgments.
Q. I am a Judgment Debtor and I want to settle my case or make payment arrangements. What should I do?
A. I can’t give you legal advice or represent you, but I can listen to your situation. I’ve helped many judgment debtors resolve their outstanding judgments for less than the full balance due, depending on their circumstances. However, in order to take any action on your judgment, I will have to take an assignment on it. If you would like me to get your judgment resolved, contact me so I may be able to facilitate an Assignment. That way, everybody wins. Remember, I don't represent any party or give legal advice. I facilitate resolutions.
Q. Do you have any references and or willingness to cite specific examples of your previous work? I know references are not necessarily a good barometer of a firm’s qualifications and practice management, but given the judgment is mine and I would be selling it to you, it would be helpful to have some documented evidence of your expertise.
A. I generally don’t provide references, except my membership in the CAJP. I’ve established that policy to maintain some privacy between myself and the Judgment Creditors; however, it’s all a matter of public record, anyway. My counsel was Richard Enkelis (www.debtcollector.com), however, Richard passed away in April, 2008. Richard also worked with the board and membership of the CAJP, as well. The CAJP is a statewide trade organization, and if you’d like to contact them for a reference, their website is www.cajp.org. I’ve been a member for several years. I’ve also been a process server since 1987. My website has a brief bio on me.
Q. You’ve convinced me. So, how do we get started?
A. I’ll need to have a look at the judgment. I’m available to discuss your judgment by calling me directly at (866) 648-6537. You can e-mail or fax a copy of your judgment. My fax number is (866) 648-6536; or you can go to the Case Submission & Contact page and enter the required information. You will be contacted after I receive a copy of the judgment and have had a chance to evaluate it.
A. I am not an attorney and do not render legal advice. Nothing a stated herein should be construed as legal advice. If you need legal advice, you should consult your own counsel.
Q. What is judgment enforcement?
A. Simply put, judgment enforcement is the process of turning an order of the court into cash or its equivalent. Once the judgment has been issued by the court, the judgment has become an intangible asset, or item of personal property.
Q. I've won my court judgment. Now what do I do?
A. You can take positive steps for the recovery of your judgment. You can contact a professional Judgment Enforcement Specialist who has been doing judgment recovery for a substantial amount of time and has the resources and experience to bring satisfaction to the judgment. My telephone number is 866.648.6537.
Q. A judgment is a court order. Why can't the courts enforce my judgment?
A. Simply put, the court's obligation ends at making a finding (judgment). The court may provide the forum for the debtor to make payments on the judgment through the court clerk, but the onus of responsibility for enforcing the judgment is on the judgment creditor.
Q. Where can I learn about judgment enforcement to decide if I want to do it myself or use a professional?
A. You’ve got some of the best resources at your disposal – my website, my telephone number, and my e-mail address. You can also get a copy of my book, "A World of Opportunity: The Real World Judgment Recovery Guidebook" or give me a call to discuss your needs or situation. I have a 30-day money back guarantee on my book.
Q. I don’t have the time or resources to go after my judgment. What does a Judgment Enforcer do?
A. A professional Judgment Enforcer not only provides a private service to the Judgment Creditor, but also a service to the community. If the courts cannot enforce the judgment, and individuals and businesses do not have the resources to do so, a professional Judgment Enforcer is what is needed. There are some powerful legal and investigative resources that a Judgment Enforcer has at his or her disposal to work toward resolving the judgment. A professional Judgment Enforcer will step “into the shoes” of the Judgment Creditor and attempt to enforce the judgment.
Q. But I've heard that people can get arrested for a judgment. Is that true?
A. In a civil matter, if a debtor fails to appear at a mandated hearing (such as a Judgment Debtor Examination) after having been properly served by the Sheriff or Registered Process Server, the court may issue a bench warrant for that individual. It is up to the Sheriff to execute on that warrant.
Q. But I've heard that people can get arrested for a judgment. Is that true?
A. In a civil matter, if a debtor fails to appear at a mandated hearing (such as a Judgment Debtor Examination) after having been properly served by the Sheriff or Registered Process Server, the court may issue a bench warrant for that individual due to the civil contempt. It is up to the Sheriff to execute on that warrant.
Q. How long is my judgment good for?
A. In California, a judgment is good for ten (10) years. It may be renewed. In Arizona, a judgment is good for five (5) years, and may also be renewed. Other states have differing statutes of limitations and renewal requirements.
Q. The judgment debtor left the state without paying me. Can something be done to enforce my judgment?
A. A. The answer may be, “Yes”. A judgment may be domesticated in another state, so long as the judgment is meeting certain guidelines. For instance, although a California judgment is good for ten years, Arizona will not accept domestication on that judgment unless the original judgment is less than five years old [for more detail, see Citibank (South Dakota), N.A. v. Phifer, 887 P.2d 5 (App. 1994) and Arizona Revised Statutes Sec. 12-544, et seq.].
Q. Do you work judgments out of California?
A. Absolutely. So long as the judgment is valid and enforceable, judgments are accepted and worked until all reasonable means have been exhausted.
Q. I wanted to garnish the debtor's wages, but I found out the IRS has a lien. Can you help?
A. I may be able to enforce the judgment. (Remember, I purchase judgments and don’t represent other parties, so I don’t “help”.) Although the IRS lien may attach to the debtor's wages, he/she may have other assets to use for the recovery of your judgment.
Q. What kind of judgments do you accept?
A. All judgments submitted are evaluated for Assignment. If there is money to be found, it's worth the effort. For individuals and businesses, our aggressive, unique collection methods provide a very cost effective alternative to recovering your judgment or collecting your accounts receivable assets.
Q. I have some bad checks that I’ve been holding and unable to collect. Do you purchase those?
A. I will evaluate returned checks in California, and recover them as allowed by law. California statute provides for damages if certain requirements are met. See CA Civil Code Sec. 1719 for further detail (www.leginfo.ca.gov).
Q. What guarantees do I have that you will recover the judgment?
A. There are no guarantees, except that I will make a strong effort. I use varying strategies and tools available to recover judgments, including pursuing assets of spouses and levying at the business of the debtor, depending on the information I am able to uncover about the judgment debtor. In some instances, I have been able to add aliases and alter egos to the judgment, such as when a debtor goes by another name or uses his/her business or entity as a front for hiding personal assets.
Q. I don't like the idea that I am handing over my judgment to someone else I don't know. Can I get it back if I change my mind?
A. The basis of the Assignment is the Purchase Agreement, which requires the Assignment to be absolute. Because of the statutes and laws pertaining to Unauthorized Practice of Law, if you assigned your judgment for a period of time, you would not have an absolute purchase, and your "assignee" would, in essence be representing you. My policy has always been that if I cannot do something to make a recovery, I don't want to waste your time or mine. Accordingly, if I see a judgment is going nowhere, I will offer it back to the judgment creditor. Most judgment creditors, however, because they don't have the resources to continue to track the debtor, ask that the judgment remain in my hands for follow up.
Q. The debtor filed bankruptcy. I was told that the debt was a lost cause. Is my judgment a lost cause?
A. Bankruptcy on its own does not mean your judgment is a lost cause. In certain circumstances, a debtor may be discharged in the course of the bankruptcy, but the debt may be recoverable.
Q. What is the relationship between us?
A. As I am not an attorney, there is no attorney-client relationship. [We don't use the "C" word (“client”); it might get misinterpreted as practicing law without a license.] I cannot and do not "represent" a judgment creditor in court, but represent myself. The judgment creditor is a "seller" who assigns (sells) the judgment to me (the “buyer”). The contractual relationship established by the Purchase Agreement and separate Acknowledgment of Assignment of Judgment empowers the Assignee to act in the place of the judgment creditor. As the Assignee of the judgment (Assignee of Record, in Pro Per), I represent myself before the court.
Q. If you are not an attorney, how can you go to court and pursue the debtor?
A. Because I take judgments on an Assignment basis; that is, the judgment is purchased from the judgment creditor for a sum, I own the judgment. Accordingly, because a judgment is personal property (as opposed to real property), certain rights for disposition of the property come into play. One of those rights is to enforce the judgment.
Q. I've been told that Judgment Enforcement is easy. Is it?
A. Judgment Enforcement, just like any other business, takes dedication, patience, persistence and the ability to work through a myriad of issues. Many new folks are attracted to this business because of the ability to work from home. As a CAJP attorney colleague stated, "the field of judgment enforcement is ripe with individuals who have been told that they can start up a home-based business at nearly no cost, and many of these "newbies" have never stepped foot inside a court of law."
Q. I’ve thought about doing Judgment Enforcement as a home based business. Is that possible?
Yes, it is. The majorities of small businesses operate or started out operating from their home. For more details, see "A World of Opportunity: The Real World Judgment Recovery Guidebook" or give me a call.
Q. How much will judgment enforcement cost me?
A. Attorneys charge fees for representation; because I purchase judgments, and do not represent any other party, no “fees” are charged. The profit I potentially make is the difference in the purchase price from the amount of the judgment (a “discount”). Each purchase is a separate transaction and quoted as such. For further information, please contact me directly at (866) 648-6537.
Q. So, what's the bottom line difference between using my attorney to recover my judgment and using a judgment professional?
A. Attorneys charge by the hour. That's how they make their money. They take direction from their client and see to it that their client is represented. They have no stake in the outcome. An Assignee taking on a judgment has a stake in the outcome. If there is no recovery, there is no money earned.
Q. I've had this judgment for a while, and done nothing with it. How much is it costing me?
A. You may be sitting on your judgment and doing nothing about recovering the sums owed you. How much did the debtor take from you? How much time, effort and expense did you incur to get that judgment? Your judgment, if nothing is done to recover amounts due, is costing you its face value, and the value of that money decreases every day. It's the time value of money. It costs you absolutely nothing (except an outside notary fee) to assign the judgment. By assigning your judgment, you may benefit yourself far more in the long run, because you will have assigned it to a professional with years of experience and success in recovering judgments.
Q. I am a Judgment Debtor and I want to settle my case or make payment arrangements. What should I do?
A. I can’t give you legal advice or represent you, but I can listen to your situation. I’ve helped many judgment debtors resolve their outstanding judgments for less than the full balance due, depending on their circumstances. However, in order to take any action on your judgment, I will have to take an assignment on it. If you would like me to get your judgment resolved, contact me so I may be able to facilitate an Assignment. That way, everybody wins. Remember, I don't represent any party or give legal advice. I facilitate resolutions.
Q. Do you have any references and or willingness to cite specific examples of your previous work? I know references are not necessarily a good barometer of a firm’s qualifications and practice management, but given the judgment is mine and I would be selling it to you, it would be helpful to have some documented evidence of your expertise.
A. I generally don’t provide references, except my membership in the CAJP. I’ve established that policy to maintain some privacy between myself and the Judgment Creditors; however, it’s all a matter of public record, anyway. My counsel was Richard Enkelis (www.debtcollector.com), however, Richard passed away in April, 2008. Richard also worked with the board and membership of the CAJP, as well. The CAJP is a statewide trade organization, and if you’d like to contact them for a reference, their website is www.cajp.org. I’ve been a member for several years. I’ve also been a process server since 1987. My website has a brief bio on me.
Q. You’ve convinced me. So, how do we get started?
A. I’ll need to have a look at the judgment. I’m available to discuss your judgment by calling me directly at (866) 648-6537. You can e-mail or fax a copy of your judgment. My fax number is (866) 648-6536; or you can go to the Case Submission & Contact page and enter the required information. You will be contacted after I receive a copy of the judgment and have had a chance to evaluate it.
BARRY R. GOLDMAN
Member: California Association of Judgment Professionals
Voice: (866) 648-6537
Fax: (866) 648-6536
"By way of deception, thou shalt do war."
office@brgoldman.com
Arizona: 500 N. Estrella Pkwy #B2-441, Goodyear, AZ 85338
California: 25108-B Marguerite Pkwy #161, Mission Viejo, CA 92692
Disclaimer: Barry R. Goldman is not an attorney and does not render legal advice. Nothing here should be considered legal advice. If you are in need of legal advice, consult with your own attorney.
