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How to Collect a Judgment
 Author: Mark D. Shapiro
 Website: http://www.JudgmentBuy.com
 Added: Thu, 15 Apr 2010 13:10:34 -0500
 Category: Legal

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You won your judgment and now it\\\'s time to be repaid. Judgment enforcement requires a lot of time and money. If possible, you should try and settle with the debtor. Some debtors will never settle, and some are scoundrels. But if settling is an option, consider settling for 50% of what is owed. (It may cost you that much to enforce over time.)

Unfortunately most debtors won\\\'t actually settle (pay you money). If they won\\\'t settle, you have to decide, are you going to enforce the judgment yourself? Or will you find a judgment enforcer? Judgment Enforcers are easy to find, however, most charge 50% because judgment enforcement is not easy or cheap. Some wish to first try to enforce their judgment themselves.

If you are going to enforce a judgment yourself, the most important thing to remember is to be polite, have patience, and use common sense. That way if you make a mistake, most likely, it will not be too costly.

There are laws on what you can and cannot do to enforce a judgment. Each state has its own laws. California has the California Code of Civil Procedures (CCPs). The CCPs for enforcement related law starts in the 700s.

There are many State and Federal laws concerning the debtor\\\'s privacy. For example, you can\\\'t pass out flyers telling neighbors how much money the debtor owes you.

Among the many laws are California\\\'s Rosenthal laws (CCPs 1788-1788.30 and 1812.xxx). Federally, there are FDCPA (Fair Debt Collection Practices Act) laws, detailed at www.ftc.gov, and the GLB Acts (U.S.C. § 1692, 6801-6809), and related laws.

You have to be careful and polite when you communicate with your debtor. As an example, here is a portion of the Rosenthal text that Judgment Enforcers must send to debtors on their first written communication to them:

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View all Mark D. Shapiro's articles


About the Author:
Mark D. Shapiro - Judgment Referral Expert - friend to all Judgment Enforcers and contingency collection attorneys: http://www.JudgmentBuy.com - where Judgments go to get Purchased or Enforced!

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