Frequently Asked
Questions
What is a judgment?
How do I get a
judgment?
Can I collect my own
judgment?
What methods do you
use to enforce judgments?
Is your firm a
"collection agency"?
How do we get
started?
What is an
"Agreement for Assignment" and why is it necessary?
Does DelMar Judgment
Recovery guarantee that my judgment will be collected?
How much will this
cost me?
How long will it
take to enforce my judgment?
How will I be paid?
Is it true that
judgments can actually earn interest over a period of time?
What happens if you
are unable to enforce my judgment? Will I lose it altogether?
Can I try to enforce
my judgment myself after I've assigned it to you?
What if I change my
mind after I've already assigned my judgment to you?
Why should I use
DelMar Judgment Recovery to enforce my judgment?
What
is a judgment?
When
someone wins a lawsuit, they get a document from the court proclaiming that
the loser must pay them a certain amount of money. That document then is
called a judgment which can actually turn out to be nothing more than a piece
of paper unless it is enforced.
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How
do I get a judgment?
Small Claims Court is a
"do-it-yourself" court which serves as a quick and inexpensive way
to resolve relatively simple, non-criminal matters usually relating to car
repair, property damage, small business issues, and landlord-tenant disputes.
In small claims court, ordinary people, including businesses, can act as
their own attorneys and in a vast majority of states, a judge, not a jury hears
your case. Contact the small claims court in your area to find out the
specifics for bringing a lawsuit in that court. The court should have printed
information to send to you.
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Can
I collect my own judgment?
Yes. You
can do it yourself, however, in many cases trying to collect from a judgment
debtor can be time consuming, costly, and frustrating.
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What
methods do you use to enforce judgments?
There are
several approaches to judgment enforcement permitted by law some of which
include wage garnishments, bank account seizure, liens or seizures of
personal property and much more.
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Is
your firm a "collection agency"?
DelMar
Judgment Recovery consist of judgment enforcement specialists specifically
trained to enforce awarded judgments in a professional yet aggressive manner.
While a collection agency can be helpful before you take your debtors to
court, if you pursue a debt to civil judgment, it then becomes a completely
different type of case referred to as the "post judgment" phase.
This phase entails a totally different process for recovery. Judgment
enforcement provides a wider and more creative range of legal remedies to
recover judgment debts for you and/or your business.
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How
do we get started?
The first
step is for the judgment holder or judgment creditor and DelMar Judgment
Recovery to sign an "Agreement for Assignment".
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What
is an "Agreement for Assignment" and why is it necessary?
The only
recognized legal entity empowered to pursue a recovery is the judgment
creditor. Since a judgment is considered a transferable asset, a judgment
creditor/holder has the right to assign a third party to enforce their
judgment. The "Agreement of Assignment" is a binding document which
assigns or transfers the judgment from the judgment creditor to DelMar
Judgment Recovery. The document must be filed in the court of origin
recognizing DMJR as the new judgment creditor along with all the rights of
enforcement. This is legally necessary prior to any recovery procedures being
initiated. As well as providing the legal means to collect, the
"Agreement for Assignment" also protects our clients as it sets the
legal obligation for DJMR to share the proceeds of the judgment with the
original judgment creditor.
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Does
DelMar Judgment Recovery guarantee that my judgment will be collected?
There is
no way to guarantee the success of an enforcement attempt. There are some
cases that prove to be uncollectible. The success of an enforcement attempt
depends greatly on the quantity and quality of assets the judgment debtor
owns. We can however guarantee that once the judgment debtor has been
located, DelMar Judgment Recovery will utilize all resources within legal
realms to enforce the judgment. This being in the best interest of DMJR as
well as our clients, as we are only paid for our efforts if the judgment has
been satisfied. In conclusion, the more information you can provide about
your judgment debtor increases the chance for a successful enforcement.
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How
much will this cost me?
There is
no out-of-pocket expense to you. We will assume all expenses involved in the
search for assets, and actual enforcement of the judgment. We are paid by an
agreed upon percentage of what is collected from the debtor. YOU PAY NOTHING
IF YOUR JUDGMENT CANNOT BE ENFORCED.
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How
long will it take to enforce my judgment?
Some
cases may yield a recovery in under 90 days. Many cases take longer and
unfortunately, there are some cases that will simply qualify as
"uncollectible". DMJR is committed to providing an accurate picture
of your chances of recovery. We normally can determine whether or not your
case has potential for recovery within 4 to 6 weeks after the case has been
recognized for assignment by the court of origin.
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How
will I be paid?
You will
receive your proceeds directly from DelMar Judgment Recovery. Once DMJR
receives monies from a partial or full judgment recovery from the courts, the
debtor, or an attorney, we send you a check for the agreed upon portion.
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Is
it true that judgments can actually earn interest over a period of time?
Yes. All
unpaid judgments are eligible to accrue interest at the state's simple rate.
State statutes can be consulted to determine the current rate.
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What
happens if you are unable to enforce my judgment? Will I lose it altogether?
DelMar
Judgment Recovery is committed to judgment enforcement by the highest
standards both morally and ethically. DMJR will not take your judgment
without exhausting every legal effort to recover it and allow you to lose out
as a result of anything we did or failed to do. Each case is different as
some liens may be pending, etc. However, if we are unable to recover the
judgment, it can be assigned back to you or your company.
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Can
I try to enforce my judgment myself after I've assigned it to you?
It is a
violation of law for two separate parties to attempt to enforce the same
judgment at the same time. Once you have assigned your judgment to us, you
must cease all efforts of enforcement on your end.
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What
if I change my mind after I've already assigned my judgment to you?
A
judgment can be re-assigned to the original judgment creditor at any time.
However, if DMJR has already begun the process (filed court documents, etc.)
then it may be in the best interest of you and DMJR to see it through. In the
event that you do request your judgment be returned to you, we would ask that
any costs we have incurred up to that point, including the re-assignment
costs, be reimbursed to us.
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Why
should I use DelMar Judgment Recovery to enforce my judgment?
Based on
experience, we have learned what will motivate a debtor, what assets we can
legally go after and the legal requirements to do so. We have access to
information not available to the public which enables us to locate debtors,
and monitor their financial situations. This allows us to handle our cases in
an efficient and cost effective manner. This being in the best interest of
DMJR as well as our clients, as we are only paid for our efforts if the
judgment has been satisfied.
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