Q and A

Answer: Judgment are public record and you have a legal right to view them under the Freedom of Information Act. Getting access to the files can be thwarted by I-rate clerks.

So this is what you do. Make up a letterhead for your company via your computer and send a letter of introduction to the the various courthouses you are interested in visiting. Explain to them that you need access to their files to conduct your business and request a specific appointment time be made available to you each week. Be sure to address it the the clerk supervisor.

This will assure you that you have a slotted time and save you any wasted effort on your part in an unfamiliar or unfriendly courthouse.

There are several ways to locate judgment holders without leaving home revealed in the course. There are time-efficient way to do it

3. Question: Do I need to be licence?

Answer: Depending on the state, you will be required to obtain specific licenses before you can provide judgment recovery services. Determining the licensing laws in your particular state is your responsibility.

To do business in most states, you will be required to apply for a business license at the city, county, or state level. A few states will not
require licensing for any business other than retail. Because judgment recovery does involve retail sales, recovery specialists in those states will not need to obtain a license to do business.

Collection Agency License
As mentioned earlier, some states include judgment recovery under the collection agency umbrella. Under those states’ laws, any agency attempting to collect a debt on the behalf of the original creditor is considered a third party collection agency. Judgment recovery providers are therefore considered collection agencies.

In actuality, a judgment recovery specialist should be exempt from such laws for two reasons: the specialist is acting under the authority of the court, AND because ownership and authority to collect the judgment has been transferred. Once assignment has been acknowledged, the judgment recovery specialist is no longer a third party.

However, some states have not amended policies to accommodate our growing industry. For example, Tennessee and Wisconsin are two of the states that require that judgment recovery specialists either obtain a collection agency license, or establish an irregular installments purchase agreement with the judgment holder.

If your state is one of the few that has yet to write reasonable judgment recovery licensing laws, there are ways to avoid getting hassled. Your first option is to just follow the state law to the letter and obtain a license to operate as a collection agency. You can learn more about this process at www.cornerstonesupport.com.

Otherwise, you can use the "irregular installments purchase agreement" . In all cases, choose your language carefully. In every document, avoid using the words, “collect” or “collection.” “Enforce” and “enforcement” are more accurate terms to describe your business activities.

4. Question: will I be able to know what to look for by following the courthouse search. i know the link for my county civil cases. Will i need to join a database to find assets what will the charge be or are there free ways to find assets? How much are filing fees? How many pages is your eBook?  

Answer: You will be directed what to look for in courthouse searches. Depending and the nature, amount of judgment and difficulty involved in collecting a judgment you may elect to use a fee database if you feel it is cost effective and worth pursuing. There are free ways to find assets and filing fees vary for writs of executions, bank levy's, wage garnishments, usually about $20. Assets can be hiding in unexpected locations from tax refunds, cash in stock and bonds, 401K plans, etc.

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