The judgment recovery process is just that – a process. Winning your case and walking away with the judgment you were awarded can be gratifying, but it’s usually only half the battle. Although valid judgments are enforceable, they are essentially pieces of paper. Often times, those pieces of paper are shrugged off by the debtor until action is taken. That’s where the judgment recovery process begins.
The battle can be long, but consistency is key and perseverance pays off. One particular case in our archives stands out as the perfect example of how arduous a battle judgment recovery can be – lasting seven years, but ultimately resulting in VICTORY for the judgment creditor! It is one of our proudest achievements, and it proves persistence is crucial to success.
Here is the timeline of the aforementioned case:
JUDGMENT TOTAL: $110K
June 2007– Our client, the judgment creditor, signs onto our service and we get started searching for assets.
Success! We find a 2004 hummer owned free and clear by the debtor and we attempt to levy.
But wait! Much to our shock and dismay, the sheriff’s office returns our levy paperwork because there was a Satisfaction of Judgment filed with the courts. Upon further research, we discover the satisfaction of judgment is filed by THE DEFENDANT – What!!!!!! THE DEBTOR FILED HIS OWN SATISFACTION???????
Our attorney immediately files a Motion for Contempt.
August 2007 – The defendant files a motion to set aside default judgment. Now this is a PROFESSIONAL DEBTOR!
October 2007 – After some digging, we locate three pieces of commercial property that were transferred from the defendant’s name to a corporation, of which, the defendant was an officer. All three transfers were done post-judgment, and, most importantly, post self-satisfaction of judgment – BRAZEN SQUARED!!!
January 2008 – Hearing on defendant’s Motion to Set Aside Judgment. The process server testifies. Defendant still claims he was not served. The court gives both plaintiff’s and defendant’s attorneys 14 days to file Memorandums of Law. Both attorneys filed them.
February 2008 – Court denies defendant’s Motion to Vacate the final judgment.
March 2008 – Defendant files an appeal of the adverse decision.
October 2008 – We win the appeal – At last… VICTORY!!!! But wait!
We run a bank a search – no bank accounts found …well, not in his name at least.
January 2009 – Those properties he transferred POST-JUDGMENT now have to be dealt with. We need to undo those transfers. Our attorney begins a Fraudulent Transfer action. Our attorney advises us to file a Proceedings Supplementary.
February 2009 – Proceedings Supplementary filed to undo fraudulent transfers of property. Defendant does not show up for the hearing – IS HE GETTING SLOPPY???? NOT REALLY…he called our attorney and said he went to a hearing in another room of the Courthouse…he was granted another hearing date!!!!
March 2009 – RIGHT before the hearing, the company that the defendant had fraudulently transferred the properties to FILES BANKRUPTCY!!!!! – IS THERE AN END TO THIS????
Intermission – We continue to check back with this case every six months (perform skip-tracing functions, asset searches, etc.). The defendant moved to a different state during this time.
April 2014 – HE’S BAAAAACK!!! The defendant moves back to Florida and we immediately run a bank search and….. We find a bank account! …WITH WELL OVER $100K IN IT!!! Our attorney immediately files a bank garnishment.
His account is now frozen!!! VICTORY!!! Ahhh…but WAIT!!!
May 2014 – He filed bankruptcy …NOOOOOOOOOOO!!!
June 2014 – Thankfully, our attorneys are equipped with an abundance of information. Our attorney files an Adversary Action with the Bankruptcy Court.
July 2014 – Opposing attorney files a Motion to Dissolve the Writ.
July 2014 – ARMED and ready with evidence, our attorneys WIN!!! The writ is not dissolved, bankruptcy court denies entry of this claim in the bankruptcy. We did it!!!
September 2014 – CLIENT GETS THE MONEY!!!
Every situation is different. Some judgment recovery battles are long and arduous like the one outlined in this post; some are short and sweet with proper enforcement strategies and straight-forward circumstances. The key to success is a great team on your side and persistence. Even with the most difficult of situations, we maintain a consistent effort to thoroughly check back with each of our open cases and perform asset searches and skip tracing functions because even if not successful at first, recovery of unpaid judgment monies is definitely possible down the road.
If you are a judgment creditor and have had difficulties with a debtor giving you the run-around, give us a call to discuss your situation: (877) 879-9880.
Judgment Enforcement Solution, Inc.
Disclaimer: The information, opinions and materials contained in this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information, opinions and materials contained in this blog may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. The information, opinions and materials contained in this blog are not intended to substitute or refute legal advice given by a licensed attorney. You should not act upon information, opinions or materials contained in this blog without seeking advice from a licensed attorney in your own state or jurisdiction. Laws change frequently and vary in different locations. If you require legal advice, please consult with a licensed professional attorney in your state or jurisdiction.
© Judgment Enforcement Solution, Inc. 2015 Unauthorized use and/or duplication of this material without express and written permission from this blog's author(s) and/or owner(s) is strictly prohibited.