by Robert Pinchuck
Recently, I was speaking with a close friend, an attorney with 30 years’ experience owning a successful collection law firm; and who has handled most of my collection matters throughout the years. He has personally filed thousands of law suits; and obtained thousands of judgments with most of them going uncollected. So, I asked him why, and he replied that once judgment was received his firm couldn’t locate employment information on these debtors. Immediately, I said “well, have you looked for bank accounts?” and he quickly replied “no”. His answer was so familiar since I’ve discussed this topic with several other collection attorneys. They are either too busy; lacked the personnel; or they complain that it takes too much additional effort and it’s a gamble to try and work on judgments. They are happy with their pre-litigation profits, so they drop the case.
As a creditor or an agency that sends debt collection work to law firms; it’s imperative to make sure that your attorney is prepared and equipped to take your judgments successfully across the finish line to getting you paid. Most importantly, I highly recommend getting references to see how well your attorney performs their post-judgment practice. As a client, it is important to ask questions regarding how they locate debtors’ employment and bank accounts. If they are using data-matching companies, you should be aware that those companies represent a small cross-section of debtors’ bank accounts and employment matches.
Most data-matching information is very outdated. There is a huge difference in the success rate of the various asset and employment location services. These differences can greatly affect collecting a post judgment payment. After all, it’s your money, so you must take an active role by insisting your attorney uses who you prefer to locate your debtors’ assets.
The other day, I was speaking to a creditor who had won a $10,000 judgment. She located a bank account for the debtor that only had a $200 balance. She proceeded to tell me that her attorney advised not to garnish the account because there was so little money it. I instantly said, “WRONG ANSWER!” My advice is to immediately garnish the account. You then request from the court an order to view all the judgment-debtor’s bank records. In addition, you can summons the debtor to a conference and question them on their abilities to satisfy the judgment which many times leads to a settlement.
It is your right to know your debtors’ financial habits and the source of their money. There is a tremendous possibility they could have other sources of income besides employment. You may also find out where they spend their money. These records are an important aid in reaching a possible settlement with your debtor.
If you are a judgment holder and you want a highly professional collection industry expert with over 35 years’ experience to make sure you have the very best opportunity to collect the money you are owed, please call Robert Pinchuck at 800 648-1914 or by email to Robert@seizeassets.com for a free consultation and advice on the best path to enforcing your judgments.
Robert Pinchuck’s companies have an excellent success rate in finding financial information, employment or other asset information that will ensure the best chances of post judgment enforcement.
In addition, Mr. Pinchuck owns and operates two legal networks representing hundreds of highly experienced qualified debt collection attorneys providing complimentary attorney referral services for over 114 years. Please also visit www.SeizeAssets.com; www.ColumbiaList.com & www.CommercialBar.com.