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What if a judgment creditor or the assignee of record (a judgment recovery specialist) has a debtor that says they do not owe the amount you and your court both believe the debtor owes? If that occurs, the most common reasons include:
1) Your debtor is misinformed or lying. Politely ask the debtor to show you their proof or to stop bothering you. If the debtor can't show you their evidence that the debtor repaid some part of, or all of the judgment; nothing prevents a judgment owner from trying to collect the full judgment amount.
2) (If you're the assignee of record on a judgment) The OJC - (Original Judgment Creditor is misinformed, lying, forgot, or is attempting to trick you. If your debtor provides you evidence the debtor actually repaid your Original Judgment Creditor, then your Original Judgment Creditor (when you've an agreement with the OJC) has cheated you and owes you your share, but you might need to sue the OJC to get any chance to be paid. When your Original Judgment Creditor didn't satisfy [url=http://www.maximoupgrade.com/hot.php]hollister france[/url] their judgment to the level that the judgment got paid, at a court, the OJC has also cheated their debtor.
3) You receive some [url=http://www.maximoupgrade.com/hot.php]hollister[/url] check from the debtor or the debtor's attorney, for something less than the amount you're due, having phrases on their check like "full [url=http://www.mquin.com/giuseppezanotti.php]giuseppe zanotti pas cher[/url] payment, it will satisfy this judgment". Naturally, [url=http://www.rtnagel.com/louboutin.php]louboutin[/url] there's not a problem if there is a previous a good-faith contract in place if you deposited the debtor's "payment in full" check.
My articles are my opinions and are not, legal advice. I'm a judgment referral expert, and not an attorney. When you want a strategy to use or legal advice, please retain an attorney.
Due to laws that are debtor-friendly, your debtor putting: "payment [url=http://www.1855sacramento.com/woolrich.php]woolrich[/url] in full" on their check might be a trick; and one should carefully consider how to respond. There's a minimum of 3 choices if a debtor attempts to fool you by putting: "payment in full, this satisfies this judgment" on some check the debtor sends you:
1) In my opinion one's ideal choice, by a long shot, would be to utilize their great gift of finding out where the debtor banks to your complete benefit. You're not obligated to take the debtor's settling offer check.
Get a writ from your court quickly, so you [url=http://www.mquin.com/giuseppezanotti.php‎]giuseppe zanotti soldes[/url] can ask the Sheriff garnish the debtor's checking account. On the same date that your bank garnishment gets served, put your envelope in the mail to the debtor, and return the debtor's un-cashed check. Write that you're giving back the debtor's check [url=http://www.1855sacramento.com/peuterey.php]peuterey[/url] as you need full payment to satisfy your judgment. This plan could then pay off; or something might happen, as an example your debtor might apply for [url=http://www.rtnagel.com/louboutin.php]louboutin pas cher[/url] bankruptcy.
2) Send back the debtor's check with your letter telling them that the total amount due is needed to satisfy your judgment. Copy their check first, so you will get a potential garnishment option you could use someday.
3) Strike out the debtor's "payment in full" phrase, and attempt to cash the debtor's check. I think, that has some risk due to important Federal laws that are debtor-friendly.
There's a perfectly legal tactic which most often can work, especially if your debtor mails you their letter stating that depositing the debtor's included check will complete the satisfaction of your judgment, and [url=http://www.mxitcms.com/abercrombie/]abercrombie milano[/url] puts on the check, "full and final payment" or "satisfaction in full". When you cash the debtor's "conditional endorsed" check, [url=http://www.ilyav.com/isabelmarant.php]isabel marant sneakers[/url] you may really be settling the judgment for whatever amount of money the debtor sends to you, as a complete satisfaction of the judgment.
In [url=http://www.mxitcms.com/tiffany/]tiffany[/url] my opinion, the nationwide Federal Uniform Commercial Code 3-311, outranks State civil codes in "payment in full" debtor check circumstances. Historically, with many State civil codes, creditors were able to cross out any payment in full wordings, and cash that check. The newer Commercial Code division three on negotiable instruments doesn't allow crossing out those kind of wordings.
That Federal Commercial statute got implemented after State civil statutes, and Federal law outranks State civil statutes. One Federal ruling [url=http://www.1855sacramento.com/woolrich.php]woolrich outlet[/url] which made an adjudication between the inconsistent Federal and State laws is DIRECTORS GUILD OF AMERICA versus HARMONY PICTURES 32 F.Supp.2d 1184. This ruling still seems to apply, and was cited in at least eleven case decisions after that, the most recent in 2009.
Mark D. Shapiro of: - Your fastest and easiest method of finding the best professional to recover or buy a judgment.
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