Frequently Asked Questions
Q: I thought my Judgment was an order for the debtor to pay? Isn't
the debtor breaking the law by not paying me?
A: Unfortunately, it is not against the
law to owe money. There are no more debtor's prisons. Even Frauds and
Embezzlers rarely go to jail. And if your
debtor were in jail, it would be more difficult for me to collect. I
want the debtor working, making money, saving money, and making
purchases so that I can (surprise!) take them all to help pay their
debts. The courts are too busy, and the laws
don't address how or if Judgment creditors will ever be paid.
And of course, the debtor has to be
Served!
Q: You just send me a letter saying you are enforcing a judgment
against me. I'm contacting my lawyer and suing you!, what do you think of that?
A: I did not pick your name out of the
blue. A court Judge ruled you owe a money Judgment. The original owner of
the Judgment wisely sold it to me, to enforce it. And enforce it I will.
Please do show my letter,
and my proof of my legal rights to enforce this Judgment, to your lawyer.
After discussing it with your lawyer, you will discover you can:
A) Start or take further actions - that will only increase your costs and debt.
B) Pay the Judgment in full.
C) Negotiate a payment plan or cash settlement quickly.
D) Attempt to file for Bankruptcy protection - but even that might not eliminate this debt.
Any reasonable lawyer will explain
what I am doing is fully legal, and you are best
off just quickly paying what you legally owe.
Q: You put this on my credit report! What gives you that right?
A: This is standard result of
enforcement actions. I gave you 30 days to
pay or contact me.

You did nothing - and as your Creditor, it is legal to take
actions that cause the credit reporting agencies to notice the judgment
against you.
Of course if you pay the
amount you owe in full, I will take actions so you can report the debt as paid
on your credit report. Next time, don't ignore your debts,
and this won't happen.
Q. How long is a judgment good for?
A: If you are in California, a judgment is good for 10
years, and can be renewed indefinitely. Other states may vary from 7 to 25 years.
Q. Do Judgments earn interest?
A: Yes. In California, a judgment collects 10 %
interest per year. Other states may have different interest rates.
To check the interest earned on your Judgment, click
here.
Q: Are you a collection agency?
A: I am not a collection agency.
(Collection agencies process debts in bulk. They send out thousands of
nasty letters and call debtors to try to get them to pay.)
I am different - I have much more powerful tools - to get much better results
than any collection agency. I take full assignment on court Judgments,
putting the Judgment in my name, then creatively enforce the judgment as the legal
assignee of record. I buy the Judgment, and become the new owner, paying the original
judgment creditor after
I enforce the debt of the Judgment Debtor.
When the Judgment is paid, I file a Satisfaction Of Judgment with the Court.
I "take
assignment" of your judgment. Then I have the authority to pull credit
reports, and conduct thorough asset investigations. I can do surveillance,
bank locates and more, and even bring the debtor back into court many times. Every
Judgment enforcement is treated individually and expertly. I am not afraid to put
out money for enforcement procedures. And I have resources that
collection agencies will never have.
Q: Can I use an attorney?
A: Yes you can. However, an attorney will charge an hourly fee of
$200 to $350 per hour - with no guarantee of any return of the money owed you.
Also, while many attorneys are skilled at winning
judgments, many are not familiar with effective post-judgment
strategies. I am not an attorney and do not give legal advice.
If you require legal advice, please seek a qualified attorney.
Judgment collection requires legal, investigative, and many other skills.
I am not a Lawyer or a Private Investigator -
but when it comes to finding assets and collecting Judgments,
my skills exceed those of many Lawyers and Private Investigators. Also, if you
used an attorney to win or enforce your judgment, your
attorney may need to sign a Substitution Of Attorney document back to you - so
you can then assign your judgment to me. I can only enforce a judgment when I am
the Assignee Of Record.
Q: I'm an attorney - can you work for or with me, to enforce a Judgment?
A:
You can assign the Judgment to me.
:)
I can't "work for you", for several reasons, including
that
all the data services I use will not allow me resell or disclose any data. Another reason is
because I am not
your employee - I cannot offer legal service or advice to anyone, because I am not an attorney.
Q: My lawyer said "What Judgment enforcers who are not lawyers are doing is
violating
the debt collection act (both the Federal and California versions).
Purchasing judgments is a risky business. Only "pros" deal with this kind of
thing. Amateurs get burned. The pros utilize a small group of attorneys
that specialize in debt collection." What do you say to that?
A: I think your lawyer is scared of the competition. Yes, I am a Pro
that knows how to deal with, and is not flustered by such bluffing. I know
the Rosenthal Act, The FDCPA Act, and all the laws. Perhaps your attorney either
does not know much about this subject, or is scared of losing the money you
would have paid him. Lawyers get paid by the hour, I only get paid for success.
(And I do hire attorneys when necessary.)
Q: But how much will it cost me?
A: It costs you absolutely nothing. I advance all costs. If there
are additional court expenses, I petition the court to add these to
the judgment. I work with attorneys at no cost to you. I
spend the time and the money. If I don't collect, it still costs you
nothing. As the Judgment Enforcer, I keep 40 percent
of the amount collected from
the Judgment Debtor - the balance (60 percent), goes to you.
I "take assignment" on your Judgment, which
means it is put in my name, which permits me to pull credit
reports, do investigations, seize property, seize bank
accounts, etc. It also permits me to bring the person back
in to court, undo fraudulent transfers, etc.
Why 40 percent of the amount I recover?
While your Judgment Debtors have assets, it's likely the Judgment Debtors have
been busy getting assets
out of their names, into the name of their spouse's brother, Aunt's
boyfriend, offshore, etc. It is so common to do
that, and of course they all think they are being very
clever. The work to find debtors and undo asset hiding is laborious, costly, time consuming,
and requires many court appearances at least, and major
investigations. All of this is at my cost if I buy your Judgment.
I pursue the Judgment Debtor until all present assets are seized, past
assets are put back into the Judgment Debtor's name and taken, and future
assets are recovered to satisfy the Judgment. If the Judgment Debtor changes his name,
skips to Nigeria, and has his sister buy an
estate there in her name, I will return the judgment back to you, as nothing can be done
unless the judgment is huge.
As the money comes in, I send out checks to
you. You get a percentage of any money I recover.
If I run into massive court expenses I may take that off the top for
future capital to continue the work. Such expenses are added to the Judgment Debtor's debt.
I hold all recovered funds
for 90 days because
any assets seized within 90 days of bankruptcy must be surrendered to the bankruptcy trustee.
Not fair, but that's how
bankruptcy works. So, 91 days after I recover money from the Judgment Debtor,
you get your money.
Q. Will you take my Judgment? What forms are needed?
A: I send you an "Agreement To Purchase Judgment" form. I also send you an
"Assignment Of Judgment" form - that you have to get Notarized. All is disclosed and
is easy to read. I don't take every
Judgment - I look at every one, and take the ones I feel confident I can work
to enforce.
I enforce only money Judgments - I can't enforce any non-money issues.
An example of the kind of Judgment I can't help you with, was
a California Judgement against a "Psychic", under "other" category on the entry of Judgment:
"Court orders defendants to remove any curse from plaintiff and plaintiff's family
forthwith, and not to reinstate above said curse."
I need the debtor's name and the case number so I can see the situation. I
need to know the reason for the Judgment, so I can assess
whether the debtor can successfully bankrupt out of paying the Judgment. A
copy of your Judgment is required.
Q. Why turn my judgment over to you? I can collect it myself!
A: Have you recovered a dime yet? Enforcing judgments is hard work.
If it was easy, you would have already collected, right? You can fix your own pipes, but
most of us hire plumbers. You can collect your own judgment - but most people have
much better results letting a Pro enforce the judgment. I do it every day,
and know how to get results, and have access to far more tools than you will
ever have. If you wish, do try first to enforce your Judgment - then contact me.
Q. I have a Judgment from overseas, not in US dollars...
A: Sorry, you will have to find a Judgment Specialist in your own country, I
can only help US-based customers.
Q. You say you can track debtors in all 50 states so why did you
refer me to someone else?
A: I have access to, and agreements with Lawyers, Private Investigators,
and other Judgment Enforcement Specialists - in all 50 states through friendships, memberships,
and associations - including the National Judgment Network, and the California
Association Of Judgment Professionals.
Judgment Enforcers often refer Creditors to other Judgment Enforcers (who are closer to
the Judgment Debtor) to make collections easier and faster. I specialize in California Judgments.
A great way to find quality Judgment Enforcers local to your debtor, is to visit
www.EnforceMyJudgment.com.
Q. I have a guy that owes me money, can you help me collect?
A: Yes - in certain cases, I can take assignment of debt, and enforce it. Since
this is a lot more work, you get 40% of what I recover.
Q. At what point will you distribute collected monies to me?
As the debtor is made to pay, or when you have fully collected?
A: In cases where I have convinced the debtor to pay, eg, $100 a month,
or when I grab just a small part of what they owe,
I let the balance accrue. If some time goes by
I can cut you a check for some of it, if you request.
Or you can check with me anytime on how it's going.
And when the debtor finally pays the Judgment off -
then I pay you your share, in one lump sum. It's simpler that way.
If a debtor stretches out payments, it can take a long time, but we are
earning 10% interest, so
long term that means more money for us.
Q. Am I entitled to discuss strategies for collecting?
A:
You can give me suggestions, but it is up to me alone to try and
collect. It is my property, that's the way the law lets me enforce
a judgment that did not start out belonging to me.
Q. Do you provide progress updates?
A: Only when you ask, or when major events happen. If I grab a big
chunk of money, I'll let you know, if the debtor goes BK or dies, I'll
let you know, things usually move very slowly due to the laws.
You can ask me any time.
Q. Who decides whether to settle for a lesser
amount than the full value of the judgment?
A:
I do, but like you, I want to get as much as I possibly can from the debtor.
This does not happen too often, I usually get the full value.
Although I am not required to do so, as a courtesy I will let you know
if the debtor attempts to settle with me.
Q. How do I know if I can trust you?
A: A few answers, one is Google Mark Shapiro. Another is look at any court site and
search for my name - I'm always the Plaintiff or the Assignee. I'm easy to find.
I have many long term business connections in San Jose. I also am bound by
the code of
ethics of the National Judgment Network,
the CAJP, and others. If you can't trust me, well I guess we should not do business.
However, I never met anyone who didn't trust me, so you would be the first.
Q. I want to sue someone. Should I sue them under my name, or add my
spouse and kids as Plaintiffs?
A: I am Not a lawyer. My opinion (which is not legal advice) is that
it does no good to have more than 1 Plaintiff. It just means more expense and
hassle as all Plaintiffs need to sign papers, etc. If it were me, I'd sue with
my name only, and perhaps have others come in as witnesses. It is a good idea to make
sure all defendants are named - their companies, etc. - as this means there are
more people to go after.
But remember, this is my opinion only, I'm not a lawyer.
Q. Thanks for getting my money! Should I report this as income on
my tax return?
A: I am not a Tax expert. My opinion is: If you lost money, sued and
won, and I got your money back for you - there was no profit.
My opinion (do not rely on my tax opinions) is usually no tax would be due.
Please do consult your local tax expert.
Q. What if my debtor went bankrupt?
A: If you were send a Proof Of Claim form and you did nothing with it, then
sorry, nothing can be done. If the debtor went Bankrupt, had lots of assets, and did not list you as
a creditor, then there is a chance of collecting.
Q. How long does it take you to enforce a Judgment?
A: That depends mostly on the debtor. No matter how good a judgment enforcer is,
a broke or scoundrel debtor may be judgment-proof. And since I follow all laws, there
are many legal delays (and expenses). The quickest I've ever enforced
a judgment is 30 days, the average time is about 16 months. The longest time
has been 7 years (so far), and some will take longer than that, or will never be enforced.
Q. Why did it cost so much to enforce my judgment?
A: Enforcing judgments is complex and expensive. I try and get the debtor
to pay all costs. Sometimes the debtor is elusive and costs go up. Everything
is expensive, and sometimes expenses cut into the profit for you and me. Rest assured,
I do my best, but laws are not designed to make judgment enforcement cheap or easy!
Q: I sent you my paperwork weeks / months ago - why haven't you
gotten money from the debtor yet?
A: I got your forms and filed them with the court.
I sent notice to the debtor, which by law gives them 30 days.
Courts and Sheriffs are slow and the law gives
debtors many chances to cause delays. Enforcement is not easy, but eventually
I usually get money from the debtor.
It usually takes months or years to collect.
I'm searching for assets. If the debtor has lots of
assets showing, enforcement goes quicker. If the debtor is poor or hiding assets, it can
take
many years. Note that I am enforcing this Judgment as fast as the law allows, and I want
to enforce it as much as you do. Also note, the economy is worse than ever, and many
debtors do not have jobs or bank accounts at this time - if and when they do, I'll start collecting.
Q: The debtor's middle name is X, on the agreement form you his middle name
listed as Y, should that be corrected first?
A: I have access to many databases - and the ones I used
so far, show his middle name as Y.
But that's just how he's named on our agreement - I may
find and add even more names for him over time.
What matters here is I have identified him by the case number and
case info - it does not matter if we have his middle name
there or not. Please notice, on the separate assignment form -
his middle name is not there - as that's the exact name as he was sued.
Q: There's no mention of the 10% annual interest on the agreement - why is that?
A:
The agreement is meant to match the court-filed Assignment of Judgment.
There is no need to mention interest as interest is part of "rights and title" of
owning a judgment. In the agreement I pay you 60% of what I get from the
debtor - principle or interest - you get 60% of what I net from seizing the
assets of the debtor.
Nobody knows if I can collect the full value including all interest due - that is
my goal, but it depends on the debtor.
Q. Other web sites Guarantee they will collect a Judgment - why don't you?
A: That "Guarantee" is advertising only. Best effort - yes - do my best, yes.
Guarantee? - This is not a savings bond - this is a Judgment. The value of a Judgment
depends on if and when it is enforced. When enforcing judgments - there
can be no guarantee. Keep in mind this is not a problem, as I only get paid after
I enforce a judgment, so you know I will do my best.
Q. Can you guarantee that you'll collect my judgment?
A: There are no guarantees, except that I will make my best
effort. Every debtor and (every case) is different. I try to
collect 100 percent of the total owed - but sometimes that is not possible - e.g.,
if the debtor dies or becomes disabled or really has no money, etc.
I use many strategies to collect, including pursuing assets of
spouses and even a former spouse, and if/when appropriate, add debtors to
your judgment on "alter ego theory". If your debtor files for
bankruptcy - sometimes I can fight the
debtor's bankruptcy to get the judgment non-discharged and paid. If I ultimately
cannot collect from your debtor (if I can't collect from the debtor, I doubt
anyone can), I can re-assign the
Judgment back to you upon request - at no cost to you.
Q. On your agreement form, it doesn't state when the money
may be collected, or a time frame.
The selling seems final and out of my hands.
A: Yes, that is correct. Judgment enforcement is a complex legal process
that cannot be timed or guaranteed.
In California, the only way I can enforce
a judgment is if I own it outright - 100%.
I must buy the Judgment from you
on a deferred-payment basis. The sale must be without recourse. This is because
I am not an attorney, and do not work for you, and I'm not collecting money
for you. I buy the judgment, and then split the money I collect after I collect it.
That's why I called my company JudgmentBuy.com. A judgment
is not cash, so nobody knows how long it will take to enforce it. When I find
available assets of the debtor, I take them, and then you get paid.
If the debtor never again has assets, both you and I never get paid.
As mentioned before, if years go by and I can't collect anything,
if you request, and I agree; I may return a judgment to you. (However,
if I can't collect, I doubt anyone can.)
Q. What should I do now?
A: Send an email to Mark Shapiro at Mark@GoGuys.com,
or call me toll free at 888-831-4350. I will answer any questions, and will provide a confidential,
no-cost assessment of your judgment. To save time - fax your Judgment to
206-MONEY-69 (206-666-3969).