Judgment Creditors And Timelines

If recovering judgments, it is important to be aware of debtor exemption laws, with their time limits to respond to exemption claims in your state. My articles are my opinions and are not, legal advice. I'm a judgment referral expert, and not an attorney. When you ever want legal advice or a strategy to use, you should contact an attorney.

Judgment debtor laws on exemptions vary per each jurisdiction, and specify what assets get protected, if a debtor claims protection under applicable exemption statutes. Usually, it's required that the debtor file a formal exemption claim before the exemption becomes effective. When the judgment debtor does not make a claim within the allowed time period, they can't make a claim later, however they could do something else, as an example apply for bankruptcy protection. .


Be careful not to spend money trying to collect judgments on judgment debtors who are judgment proof. Judgment proof is sometimes called execution proof, because no court garnishment execution can reach exempt, nonexistent, or hidden assets. Rarely, debtors are protected because of their social status or circumstances. Most often, judgment proof debtors are immune because they have no observable available assets, no matter how many hidden assets they might possess.

When your judgment debtor is actually broke, you cannot and shouldn't attempt to squeeze milk from a rock. The right thing to do with this case is to pray they win money find fortune in some other way. You can keep the judgment renewed and check on the debtor every few years.

Another way your judgment debtor can be judgment-proof is when the debtor told you a fake name, and you sued an imaginary name. Another way is when you didn't sue the right entity name. Another way is in default judgment situations, where you could not perform discovery to find additional assets, or people you should have sued also. One example would be when you sued a guy you loaned money to; then with post judgment discovery, found out he had sent your money to his relative in some other state.

In judgment recovery, there is no room for wishful thinking. To recover judgments, it's important to do something, because judgments don't recover themselves. When you do not take action, spend time and usually money, you won't collect your judgment money. To get any chance to get paid, you need to devise a good plan of action, and follow up with action.

In judgment enforcement, timeliness is very important. No matter how strong a legal position you have, being late almost always means you lost. In a court, occasionally debtors are allowed to slide when slightly late, yet creditors never do.

If a debtor or their lawyer files their motion to quash your garnishment, or claim the judgment debtor's property is exempt from levies, the creditor has just a very short time in which to respond. When the judgment creditor does not show up at court, the judgment debtor wins, even when their proof is missing and their assertions are silly.

Prior to a judgment being decided, all creditors pay attention to court deadlines, because they are prerequisites to getting their judgment. Post-judgment deadlines are also important.

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