This article is about ways to operate a judgment recovery business. Judgments are not just debts, they are final orders of a court. Because laws and courts do not assist people (or make it easy to) enforce judgments, and because judgment enforcement takes skills and/or cash – most people need help in collecting their judgment money.
The difficulty in recovering the majority judgments has started a huge (always expanding and changing) judgment recovery business. People or companies who recover judgments are categorized Judgment Enforcers (JEs). JEs include typical people, process servers, Private Investigators (PIs), attorneys, collection agencies, and companies that employ and/or hire private investigators and attorneys.
Most JEs are not attorneys, they are educated people that study, memorize civil laws, and practiceprocedures. Most get judgments assigned directly to them, so that they become the legal owner of the judgment, and can then enforce it by representing themselves (a Sixth Amendment right) in post-judgment recovery actions in court.
In most places, a corporate entity may not represent itself in court. For that reason, and some other reasons, most JEs don’t form corporate entities. However, some JEs do form corporate entities, as discussed below.
Some states and courts are hostile to pro pers (propria persona, Latin for people representing themselves in court) recovering judgments they now own, but did not own originally own. In some courts, non-lawyer judgment recovery specialists are denied their Sixth Amendment rights to enforce judgments they own.
How can you operate a judgment recovery business in forbidden courts or states? Some of the answer depends on having a lot of start-up money, which is nice to have when you start any business. Judgment recovery is a business that often operates at a loss for several months (or more).
To start a Judgment Recovery business anywhere, even in a location or court hostile to your (6th|Sixth) Amendment rights, you should have an office, and hire attorneys (to sign all documents and appear in court) and Private Investigators (to perform skip-tracing and asset searches). You also may want to form a corporation or LLC, which is now an option, because you will not appear in court. Setting up a Judgment
Enforcement business as a corporate entity is a more costly way to start and run a JE business.
With a corporate entity, it’s going to be more costly for each judgment collected. You must split your (e.g.) 50% possible gross profit with the lawyer and Private Investigator, for office leases, etc. However, you can now invest your time getting more judgments while the lawyer and PI do most of the hard work. You may want to operate your JE business this way, instead of doing everything yourself.
You can operate as a sole proprietor, or form your own corporate entity, and be an officer or employee of your own company. You become the manager and find judgment leads and screen them. You might choose to take assignment of judgments in your name, or not, it’s your decision.
If you take the assignment, you own the judgment, and your attorney works on your behalf. The lawyer must be authorized to practice law in the state where the debtor’s assets are located. In this way, you are not performing any collections yourself, so I assert you can collect in any state. If you do not take assignment of the judgment, the Original Judgment Creditor (OJC) remains the owner of their judgment and “your” lawyer represents the OJC to recover their judgment. You need to work out an agreement with either the OJC and your lawyer (or both), to make sure you will be paid for being the manager and making possible the magic (the OJC getting some or most of their judgment money back) happen. If you can locate the right lawyer, willing to work for you, you can bypass collection agency requirements and hostile states and courts as you are not ever going to show up in court or communicate with the judgment debtor.
To run a judgment collection business this way, you must find the right lawyer which may take some time. If you do much of the tedious planning and background work, and communicating with the OJC, you might be able to persuade an attorney to discount their rate for you. I am not a lawyer, and you should ask an attorney if my advice in this article is correct in your County and State.
Mark D. Shapiro – Judgment Referral Expert – http://www.judgmentbuy.com/ – where Judgments go to get Purchased or Enforced! We save you money and time.