Buy That Judgment Outright

Many folks are aware that around the country, courts have been reducing their services and hours, and increasing their fees. What isn't as well recognized is that almost every day, another court rules that assignees of record, recovering judgments they were assigned on a contingency payment basis, cannot represent themselves inside their court.

Certain courts and judges are being convinced by either attorneys or others, that people recovering judgments for others are committing an Unlawful Practice of Law (UPL). It doesn't matter to these courts that those judgments getting recovered have been correctly assigned to that judgment recovery specialist. My articles are my opinions and are not, legal advice. I am a judgment referral expert, and not an attorney. If you ever need legal advice or a strategy to use, please retain an attorney. .


Contingency payment judgment recovery is very important as not every judgment is big enough, or comes with a debtor rich enough, to interest a contingency collection attorney or a judgment purchaser. On occasion individual courts do not allow contingency judgment recovery, and sometimes the courts inside a whole state no longer allow this.

More than one attorney has told me that judgment enforcers should not use the wordings "contingent" or "contingency" in all communications with original judgment creditors, their contracts, in e-mails, or on their websites. I also heard one should not use contingency-related words in conversations because that person might get deposed by a judgment debtor's lawyer.

The problem is becoming so serious that most judgment enforcers should consider just purchasing judgments outright, or be willing and ready to retain a lawyer to represent the enforcer in court.

You may one day choose to change your judgment recovery business to a judgment referral or judgment outsourcing business, or retain an attorney to file all court paperwork and make all court appearances. You locate the judgments and the judgment debtor's available assets, and your lawyer does everything else. Look for the article I have written about employing an attorney in your judgment business. One more idea is to simply avoid courts which don't like assignees of record.

As of the time of this article, most courts continue to permit assignees of record enforcing on contingency, to represent themselves to enforce judgments. As a practical matter, the majority of judgment recovery specialists are not going to experience this challenge soon, because they will be recovering judgments from pro-se judgment debtors or facing attorneys that do not come up with this unlicensed practice of law argument. However, with larger judgments, that kind of challenge might soon become routine. The larger the available assets involved, the more likely this may happen.

I'm not a lawyer. My opinion is that when judgments are purchased for cash up-front, without any lingering contingency financial obligations; the recovery professional's right to represent themselves on a judgment they own, will probably withstand possible challenges from the judge or a judgment debtor's lawyer.

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