
I’ll be honest and say that I would bring in an attorney or collection agency if I ever won a monetary award in civil court. But I get the fact that some people would prefer to collect monetary awards on their own. That’s not me, but more power to them.
How about you? If you would prefer DIY judgment collection, you certainly have the opportunity to pursue it. No judgment creditor is forced to use an attorney or collection agency. But if you were to go it alone, you would be wise to approach collections with realistic expectations.
Here’s what you could expect by choosing to collect on your own:
1. A Struggle to Get Relevant Information
Your efforts to collect will begin with gathering information on the debtor. You’re going to need to know where the debtor lives and how to contact that person. You are also going to need to know about their employment. You’re going to need to know about:
- Wages, bonuses, and commissions
- Potential inheritances and trust funds
- Liquid assets (earned income, invoice income, etc.)
- Non-liquid assets (real estate, collectibles, etc.)
Expect a struggle here. Judgment debtors aren’t known for being exceptionally cooperative when it comes to revealing information. You may have to seek a deposition or ask the court to compel the debtor to attend a hearing during which they will be questioned.
2. Negotiations With the Debtor’s Attorney
Assuming the debtor has at least some means of making payment, expect to be asked to negotiate with their attorney. The debtor’s attorney may offer a lump sum payment in exchange for you accepting a lesser amount. He might also ask for an installment plan.
Don’t dismiss a good faith effort to negotiate by the debtor or his attorney. Anything offered in good faith is a positive sign that the debtor wants to make the situation right.
3. Conducting Property Searches
In the absence of an amicable payment plan, you may find yourself having to look for assets you can leverage for payment. So expect to have to conduct one or more property searches. You can hunt for debtor assets through a variety of means, including:
- County property records
- Court records
- Tax records
- Credit checks
- Social media posts
- Proprietary sales databases
Property searches can be long and arduous. Yet they can provide tremendously helpful information. A good case in point comes from Judgment Collectors out of Salt Lake City, Utah. The agency once had to deal with a debtor who claimed he had no sufficient means to pay the judgment against him. But a thorough property search revealed that he owned a piece of property he failed to disclose. That property was in a neighboring county.
Once discovered, the property could be used as motivation for payment. Needless to say, the debtor did not want to jeopardize the property. He found a way to pay.
4. A Debtor That May Try to Hide
While some judgment debtors try to hide their assets, others try to hide themselves. They move and leave no forwarding information. They might move across town, to a different county, or even out-of-state. A move could be the end of your DIY collection efforts. But for professionals skilled in the discipline of skip tracing, even a debtor purposely trying to hide can be found.
DIY judgment collection is perfectly legal and, in some cases, the best way to go. But for most judgment creditors, the DIY strategy isn’t appropriate. It’s better to bring in an attorney or a judgment collection agency.