Tuesday, October 23, 2012
How Should The Debtor Pay A Judgment?
Presuming that the debtor agrees to pay off your judgment, what's the right way of accepting
payment and what location? Preferably, you would not meet your judgment debtor face to face,
after the judgment was rendered. The debtor might be rude, or worse.
In general, it's best to have the judgment repaid inside an envelope mailed to your post office
box. The second best method to be paid on your judgment, without facing the debtor; would be to
ask the judgment debtor pay the clerk of the court at a courthouse. Even these payment
transportation methods have some drawbacks; examples are, "My check is in the mail", and the
clerk of the court might retain your money for a certain amount of time before you can receive
it.
When the judgment debtor insists on seeing you face-to-face, make sure this happens at a secure
and public place. Do not meet your debtor at your house, their house, or a restaurant or a store.
Good locations to meet the judgment debtor are at the courthouse or in the lobby of your local
Sheriff or Marshall. The goal is to take advantage of the secure location, however not to bother
the staffers in the courthouse or Sheriff's lobby area.
Be sure the debtor is repaying you in full, as it's very inconvenient to keep meeting them with a
partial payment. Ideally, one would be repaid, and that's all. My articles are my opinions and are
not, legal advice. I'm a judgment broker, and not a lawyer. When you ever need a strategy to use
or legal advice, please retain a lawyer.
In the real world, many folks enjoy hearing their own voices. Often, debtors have a duty to bend
your ear about a bunch of information which you do not need to know. Often, a judgment debtor
complains about the original plaintiff, or tell you they got ripped off and don't actually owe
anything. Remind the judgment debtor, that what counts is a judge decided the debtor owes the
judgment. Let them vent a little while, but do not let the debtor wear you out.
Which types of payments might you accept? Your first choice is a cashier's check from the
debtor's bank. The bank is one more relatively secure place to meet your judgment debtor. Also,
you may get an advantage of witnessing them get the cashier's check, which almost guarantees that
check will be good. The second best payment method is a money order, from an issuer which you
know.
Another payment option is cash. Be sure it's not counterfeit, and make sure to supply some kind
of receipt, signed by both you and your judgment debtor, which lists the amount of cash paid.
Make sure you both get a copy of the signed receipt. A personal check from your debtor also
works; however allow time to make sure that the check clears, prior to satisfying the judgment.
(Only) when you are paid for sure, quickly satisfy the judgment.
What if you can accept credit card payments, or have a PayPal account? The wordings on the
contracts and agreements of merchant credit card accounts and PayPal, most often specify that
holders of accounts can't take payments on judgments.
When your judgment debtor is a company, one can usually remain a bit more relaxed about getting
repaid. The larger and more successful the business, the more one can remain calm. When the
company is big and successful, you can meet with their financial person inside their lobby area,
and take a check with no worry that it might bounce, etc. When the company isn't large and not
profitable, you have to play it by ear.
Lastly, often debtors will agree to pay you a certain amount before meeting you face to face, and
then attempt and get a surprise compromise from you when the debtor meets meet you in person. That
isn't fair to you, and most of the time they could repay you what they initially promised to pay,
if the debtor wanted to. Again, use your own judgment in this kind of surprise deal circumstance.
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Recovery. The free, easiest, fastest and best way to start recovering enforceable judgments.
(Mark D. Shapiro 408-840-4610) JudgmentBuy offers the Truth.
Posted by The Dreamers Web
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