Debtors Avoid Paying Judgments
I am a judgment referral expert, and not a lawyer
. My articles are my opinions, and not legal advice. When you ever need legal advice or a strategy to use, please contact a lawyer.You sued the person that wronged you so they would become your debtor, and then would need to pay you. Most often, they don't ever repay you. If they do, it is usually because you found a recovery expert, and had to share a huge part of whatever is recovered. Why do the majority of judgments remain unsatisfied? Why don't debtors repay judgments? Here are ten typical reasons:
1) Your judgment debtor hasn't seen a request to pay. A very small percentage of debtors may pay as soon as they get a letter from their judgment owner. Some judgment creditors do not do this beginning step which costs a stamp and a bit of time, to send a short and polite note asking them to pay.
2) Your debtor cannot afford to pay. Some debtors simply do not have enough money to pay the judgment against them. Patience is required, to wait for a future time if the judgment debtor's financial situation possibly improves, so that the judgment debtor may pay. Check on them, or with them each year, in case their finances improve.
3) Your debtor has the cash, but does not want to repay the judgment. The only time they will pay off a judgment is if they have no other option. The right way to go with these type of debtors is to use the most aggressive legal recovery procedures you can employ. Expect to be met with resistance at each step you take.
4) The judgment debtor will not believe they should pay you. They genuinely think an injustice has occurred, and they have been burned. Unless the judgment debtor goes bankrupt, vacates, or appeals the judgment, they will owe what the judgment states they owe and some costs and interest. Just like to reason three above, they will have to be persuaded or forced to satisfy the judgment.
5) The judgment debtor "doesn't know" about the judgment. Usually, it's much more likely that they will say they do not know about any judgment, because someone usually has to wrong you, damage you, or cheat you; to persuade a judge to sign and make a judgment. Motions to vacate a judgment usually happen on default judgments, when the debtor was not personally served by a Sheriff or a registered process server.
6) Years have went by, and neither the judgment creditor or anybody else, has ever contacted the debtor, or attempted to collect the judgment. The debtor forgets about their judgment, or remembers it, and believes it's history, and it won't bug them any more.
7) Your debtor applied for bankruptcy protection and discharged every debt, including your judgment. Anyone recovering a judgment should check the debtor's bankruptcy history, because usually not all creditors get notified when a debtor files for bankruptcy.
8) You cannot locate your judgment debtor. That usually happens if the debtor has a common name. Because the judgment debtor owes you money, they will not be trying to find you. A PI might be able to find them.
9) There isn't any law which states a judgment debtor must pay you. There are just laws that permit a judgment creditor to find a judgment debtor's available assets, and then give court paperwork and money to a Sheriff, to levy those assets to attempt to satisfy your judgment.
10) Laws may protect judgment debtors in several ways. Some debtors do not pay because they know that it isn't cost-effective or sometimes even possible to recover a judgment against them because they are "judgment-proof". One example of this could be An Idaho small claims judgment for $400 on a debtor that absconded to California. Most often, it costs more than $400 to domesticate judgments to California, then additional costs for all recovery actions, making it hard to recover a judgment against them.
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