Judgment Recovery of Indiana
Frequently Asked Questions
1. 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.
2. 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 vary from state to state. With interest, your judgment could be worth significantly more than the day it was awarded.
3. Why 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 $250 per hour, whether they ever recover anything or not. When we enforce the judgment, we pay you per our agreement.
4. How about using a collection service?
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.
5. 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!!
6. Must I pay any of the expenses incurred in enforcing my judgment?
No. In fact, we purchase the judgment from you, usually on a future pay basis. 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. Either way, you have no upfront expenses.
7. 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.
8. 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.
9. 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. 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 make payment to you based on the funds recovered from the judgment debtor, per our agreement.
10. I'm sold! What is my next step?
Go to the Submit a case link. We will contact you by telephone and send the necessary documents for your signature. On return of the signed documents, we will immediately initiate enforcement of the judgment.
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