• The Basics of Understanding Judgment Enforcement
• Enforcement of the Judgment
• Operating Your Judgment Enforcement Business

Each chapter takes a subject, piece by piece. I try not to fluster the reader with any jargon, but where jargon is used, I provide explanations, definitions, and examples of the subjects. There is a Glossary in the Appendix, and real world, as opposed to theoretical examples of the subjects covered. The reader is urged to read, and re-read the Guidebook.

There are also subsections within each chapter. Under the subsections, the reader may find:

• How they work
• Real World issues
• Authors Tip
•  Food for thought

Section 1: The Basics of Understanding Judgment Enforcement What Judgment Enforcement Is…And Is Not:

• The Purchase Agreement 
• Valuable Consideration 
• Agency Relationship 
• The “C” Word 
• Fees, Rates & Commissions
• Costs of Enforcement
• Work Product, Privacy, And Other Considerations

The Assignment of Judgment:

• State Statutes For Assignments of Judgment
• Notarization And Other Requirements For The Assignment of Judgment
• Filing The Assignment of Judgment

Unlicensed Practice of Law:

• What Is UPL?
• Representation And Definitions
• UPL In The Real Life of A Judgment Enforcer
• Consequences of UPL
• Protecting The Judgment

Section 2: Enforcement of The Judgment:

• Commercial vs. Consumer Debt
• FDCPA Definitions And Commentary
• Skiptracing
• Fieldwork
• Presentation of Your Case
• UCC Filings As A Tool For Enforcement of Judgments
• Exemptions & Exceptions

Enforcement & Enforcement Techniques:

• Wage Garnishments
• Judgment Debtor Examination
• Subpoenas For Appearance / Subpoena Duces Tecum
• Post-Judgment Interrogatories v Bench Warrants
• Motions
• Piercing The Corporate Veil
• Domesticating A Foreign Judgment
• Levies Against Personal Property – Bank Accounts, Automobiles, Etc.
• Levies Against An Ongoing Business
• Enforcement Against Real Property
• Renewing A Judgment
• Satisfying A Judgment
• Death of The Judgment Debtor
• Bankruptcy

A special section entitled, “Fighting Back”

• The Judgment Debtor Brought A Lawyer
• The Judgment Debtor Is A Big Corporation
• The Judgment Debtor Filed A Motion To Vacate
• SLAPP-Shots
• Fighting A Claim of Exemption (COE)
• The Debtor Will Move Assets If They Are Given Notice
• The Judgment Debtor’s Employer Was Served With A Wage Garnishment But Did Not Pay
• Badges of Fraud And Fraudulent Conveyance (Fraudulent Transfer)

Section 3: Operating Your Judgment Enforcement Business

• Marketing Your Business
• Education
• Cross Marketing And Other Professional Opportunities
• Finding & Purchasing Judgments
• Obtain As Much Information Before Accepting An Assignment
• Licensing, Membership Organizations, And Bonding
• Physical Requirements For Your Judgment Enforcement Business

Section 4: Appendix

• Credit Reports
• Non-Governmental Search Engines, Data Reseller, Research And Information Sources
• Government & Court Sources v Websites Recommended By Author
• Glossary of Common Abbreviations
• Glossary of Terms
• Forms Used By The Author

Section 5: Supplements

Readers can join the RWJR discussion group and have access to documents, links and commentary from experienced judgment enforcement pros!

“Barry, your book is great. It has stuff I've not seen in other books.” -- MS, California

Here are some excerpts from the Real World Judgment Enforcement Guidebook:

THE PURCHASE AGREEMENT

The process to begin the enforcement of any judgment, where one is not a Judgment Creditor, begins with having the judgment assigned. This is done with two documents, the Purchase Agreement and the Assignment of Judgment.

The relationship of the parties. This section shall discuss the first of the two components of obtaining, retaining, and pursuing a successful assignment: the Purchase Agreement. The second document discussed is the Assignment of Judgment. Whatever the nature of the relationship between the Assignor and Assignee, the Purchase Agreement serves to not only clarify the issues before the parties, but also define the relationship therein. Under no circumstances does the author enter into a Purchase Agreement for a judgment for less than perpetuity, and in no circumstances does the author enter into a Purchase Agreement that is not irrevocable.

A properly worded Purchase Agreement is a vital and necessary component of the Assignment of Judgment transaction. It serves to express, in writing, the transfer of ownership of the personal property being conveyed (the judgment), the relationship between the Seller (Judgment Creditor) and the Buyer (Assignee), and the valuable consideration (money, etc.) involved. It serves to protect the parties. In the author’s experience, a properly worded Purchase Agreement (or Contract) is central to obtaining, retaining, and defending a valid Assignment of Judgment.

THE ASSIGNMENT OF JUDGMENT

The Assignment of Judgment is the second vital and necessary component of the assignment transaction. It serves to express, in writing, the transfer of ownership of the personal property being conveyed (the judgment) much as a title would to a motor vehicle.

Difference between the Purchase Agreement and the Assignment of Judgment. The contractual relationship between the Seller (Judgment Creditor) and the Buyer (Assignee), and the valuable consideration (money, etc.) involved has been expressed in the Purchase Agreement. That document is a private contract designed to place in writing the terms and conditions for the sale of the judgment. It establishes the relationship and protects the parties. The Assignment of Judgment, on the other hand, is a public document filed with the court to declare the transfer of ownership of the judgment.

As expressed previously, the judgment is personal property. However, unlike other items of personal property, such as cars, computers, furniture, dishware, etc., the judgment is an intangible piece of personal property. It is a finding of the Court with regard to a specific action. Because of its very nature (personal property), the judgment may be sold or otherwise disposed of by the owner, the Judgment Creditor. When a judgment is sold or otherwise transferred, an Assignment of Judgment must be entered into the court’s records. Only after having the Assignment of Judgment filed with the clerk of the court and entered into the court’s records may the Assignee (Buyer) may proceed to enforce the judgment.

PRESENTATION OF YOUR CASE

“The world is not a reasonable place. Meet it on its own terms: When you do something good, do it beyond reason.” -- Tzvi Freeman

Clarity serves to expedite the hearing process, and is a most important part of presenting (or arguing) your case. A bench officer fumbling through a pile of documents or otherwise searching for the appropriate statute or case law is not favorable to the party submitting those papers. The reader is reminded to remember that the Judgment Enforcer is generally going to court with two distinct disadvantages: he or she is not (usually) an attorney, and thus not necessarily familiar with the court rules or particular leanings of the Court, and secondly, is the adversary of the debtor, and may be viewed as “the big bad wolf.”

For these reasons and more, it is important that the Judgment Enforcer bring with him all the ammunition possible. The Judgment Enforcer should be prepared to argue the case, having not the “because that’s what the law says” as an answer, but having exactly what the statute reads, the legislative intent, and case law to support the argument. It is important for the Judgment Enforcer to understand the meaning, interpretation, and application of what the law says. Sometimes that meaning will have to be argued, either with the other side, or to the Court. Always be prepared to explain yourself to the Court.

Depending on the rules of court, much of the case law and applicable information on the statutes are submitted attached to the pleadings as a Memorandum of Points & Authorities. The Points & Authorities serves to support your argument by citing statute and case law. It does not serve to support the other party’s argument; however, a prudent Judgment Enforcer will have conducted sufficient research to counter the other party’s argument (again, remember the Boy Scout motto). Fortunately, many rulings are made when either the opposing side (counsel or party in Pro Per) shows up unprepared or does not show up at all. However, in all cases, the Judgment Enforcer must be able to show to the court how his or her argument meets the criteria for a ruling favorable to the side of the Judgment Enforcer. Be prepared.

ENFORCEMENT & ENFORCEMENT TECHNIQUES

Several factors will influence the manner, method, type and timing of enforcement technique the Judgment Enforcer chooses to utilize. The author will discuss several techniques in this section.

We have already touched on the basic documents the Judgment Enforcer should have at his or her disposal when filing the Assignment of Judgment. Now, we will discuss some of the enforcement tools and techniques, which may be available to Judgment Enforcers.

Wage garnishments. This is a basic tool in judgment enforcement. Just as the title implies, a wage garnishment takes part of a person’s paycheck to pay for a judgment.

Judgment Debtor Examination. The use of the Judgment Debtor examination process can be an effective tool in the enforcement of judgments. A Judgment Debtor examination compels the Judgment Debtor to appear in court and answer questions about his or her assets. If the Judgment Debtor is a corporation or other artificial entity, the Judgment Debtor appears through an authorized representative, or specifically named corporate officer. The Judgment Enforcer should not accept an appearance by Judgment Debtor’s counsel in lieu of the personal appearance of the Judgment Debtor.

Personal service of an Order to Appear (ORAP) is what compels the Judgment Debtor to appear in court to answer questions. [The author has prepared a list of typical subject matter examined during a Judgment Debtor examination in the Appendix.]

Subpoenas for appearance / Subpoena Duces Tecum. This procedure is usually referred to when a third party is required to appear and give information or testimony. The personal appearance of a third party may be accomplished by personal service of a subpoena (for appearance).

Bench Warrants. A Bench Warrant or Body Attachment is an order the court issues for Contempt of Court. Contempt of Court may be defined as “Disobedience of any lawful judgment, order, or process of the court.” There are two types of Contempt of Court: civil and criminal. For our purposes, only the civil aspect of contempt is addressed.

Motion for Assignment Order. This is a tool many experienced Judgment Enforcers use. I like the versatility of this tool – it may be used to capture streams of income. In California, the Assignment Order is a statutorily allowed tool to capture monies, which are due, or to become due to a Judgment Debtor. It is useful in capturing the commissions of real estate and other non-employee sales people, income from patent rights, income from rental property, and others.

Piercing the corporate veil. Piercing the corporate veil is a term used by Judgment Enforcers and attorneys for reaching in and levying against assets of an alter ego or other entity. I have used this technique over the years to levy against the assets of the holder, when the judgment is against another party. It can be a complicated process from the standpoint of proving the relationship between the non-debtor party and the Judgment Debtor. However, the majority of cases the author has come across in piercing the corporate veil have to do with the piggy bank theory.

Here’s what some of my readers have said:
 
“Congratulations on having finished putting together the course. You know I always thought you were the go to guy on the (other) forum...” – RK, New York

“I plunked down money for that other book before I found yours, and feel it was a waste. (The other) book is 'just okay' and I'm not finding it to be a very good resource. It's just not written very well. Yours is so much better.” CW, California

“…I am sure you would have many, many words of wisdom to offer those of us who come behind you. Best regards…” MM, Virginia

“I am a landlord with a judgment obtained against a former tenant… Your book has given me great insight about garnishments. Thanks!” -- CT, Arizona

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“…it's the content that makes it all worthwhile…” -- BC, California “I'm just getting started and would love some experience. I am looking to do this from home and work in several different states. Your book is just what I needed.” FR, South Carolina
 
“Barry, I love the layout. It gives so much more detail and insight than the other course I bought. Thanks for writing it and keep up the good work!” -- NZ, Georgia

“…your information explores areas beyond the other courses. Thank you so much” AW, Illinois

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