Restitution Judgments

Most judgments start when a person or entity is harmed in some way, usually financially. Criminal restitution orders and judgments begin with a crime, when a criminal is ordered to pay money to compensate their victim. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

I have read that Federal criminal restitution orders and judgments do not expire until they have been repaid in full, and that if a Federal restitution judgment is not paid in full at the time of the death of the defendant debtor, their estate can be attached for any unpaid balance. For the purpose of recovering money, most criminal restitution orders are eventually converted to civil court judgments. Civil court judgments eventually expire, however they can usually be renewed.

In some states, restitution orders can be modified after the restitution judgment is rendered. Sometimes the (former) criminal debtor or their lawyer can convince a judge they are broke, and the judge may reduce the amount owed to the creditor victim. Sometimes restitution orders or judgments, do not specify that the defendant debtor pay interest on the amount of the restitution, so interest cannot be collected.

Often, the first criminal restitution judgment or order recovery attempt, starts at a parole or probation office, or another government agency. When a government entity cannot recover all of what is owed, or the probation ends, or for other reasons; any restitution recovery will then become the responsibility of the victim creditor. Usually, the usual way to recover money from a criminal restitution judgment is through the civil court system.

Criminal restitution judgments are usually "bankruptcy proof". However, for the purpose of recovering money, they are just judgments, because the former criminal is now a regular judgment debtor. As with regular civil judgments, most criminal restitution judgments are never recovered. Restitution judgment recovery depends mostly on the available assets of the judgment debtor, and often an attorney or some other expert's help is required.

In most states, for the original victims or their lawyers, restitution orders can be recovered in the same manner as civil money judgments, including recording abstracts of judgment against the defendant debtor. While the Rules of Criminal Procedure varies in each state, a popular way to make a criminal restitution judgment enforceable in regular civil courts, is to get the criminal court to issue a certified Order for Restitution and Abstract of Judgment. (In California, Judicial Council Form CR-110/JV-790 is used.) The abstract of judgment is then taken to a civil court where they open a new civil case file, and a fee is usually required.

For judgment enforcers, that have judgments assigned to them; everything depends on which state. In some states, criminal restitution awards are not assignable, and only an attorney can recover someone else's criminal restitution order.

To assign the rights of a criminal restitution order, the usual and/or proper method is to get a court order, approving that from the criminal court. Some judgment enforcers take a shortcut, and treat criminal restitution orders as if they were regular civil money judgments. That is not fully legal in every state. For example, in California, CCP 673 and 680.240 only applies to civil money judgments. There is no provision in the California Civil Codes for transferring the victim's rights in a restitution order, that was issued by the criminal division of the Superior Court.

In some states, only attorneys enforce criminal restitution orders and judgments. Some non-attorney judgment enforcers have successfully enforced criminal restitution orders in civil court. To do this correctly, contact the local District Attorney's office for specific directions on how you might proceed. They cannot give you legal advice because even though they are attorneys, they are not your attorney. However, they can tell you procedurally which courtroom to go to, to submit your motion, asking the court to approve an assignment of a criminal restitution judgment to you.

Many laws are complicated, and sometimes contradict other laws. One example of a law covering Federal criminal restitution judgments is Federal Rule of Civil Procedure 69(a)(1), that specifies that judgments be enforced with writs of execution and "must accord with the procedures of the state where the court is located, to the extent it applies". Another relevant law example is The Federal Debt Collection Procedures Act of 1990 ("FDCPA"), that includes the statement "with the exception of conflicting federal law, the FDCPA provides the exclusive civil procedures to recover a judgment".

The FDCPA also says in 28 USC 3003 (d and f), that it "shall preempt state law to the extent such law is inconsistent". How long do Federal criminal restitution judgments last? An example of an "inconsistent state law" is California Civil Procedure Code section 683.020 (1987), which precludes enforcement of a restitution judgment after ten years from the entry of the judgment. This "inconsistent state law" has been preempted before, see http://caselaw.findlaw.com/us-9th-circuit/1477403.html

When you are planning to recover a restitution judgment, consult with a lawyer for anything you are not sure about. With restitution orders and judgments, consider also consulting a lawyer about what you ARE sure of.

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Polite Judgment Recovery

I am a Judgment Broker, and am not a lawyer. My articles are my opinions, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Diplomacy is one of the very few judgment enforcement tools that are free. Starting a recovery by being polite with your judgment debtor is easy, has very few risks, and might help you get paid.

Before, during, and soon after the court proceedings that resulted in the judgment; the judgment debtor might have been under stress. However, perhaps now, learning about your relaxed, easy repayment solution, where you suggest compromising somewhat on what they owe, might appeal to them.

Being diplomatic does not mean being a pushover, or letting yourself get taken advantage of. Diplomacy means both parties are willing to negotiate for their mutual benefit. Diplomacy requires some level of communication between the parties. Being polite works best when your judgment debtor is willing to communicate with you.

Enforcing a judgment with diplomacy starts when you use the phone, the post office, or even arrange to discuss in person; how amenable the judgment debtor is to the idea of working with you, to solve your mutual dilemma of the unsatisfied judgment debt.

If your judgment debtor returns your telephone call, or communicates a response to your letter, that is a good sign. Some people who do not respond the first time, may respond when you try again months later.

Email is ok, after you have first contacted your judgment debtor another way, and are on good terms with them. Be careful with email, keep it friendly and short when discussing topics related to the judgment. It is fine to discuss topics such as the weather or sports.

When using email, avoid sharing private information or going into details. Keep discussions about judgments or debts as short and polite as possible. Conversations with judgment debtors by email should stay fairly close to gentle wordings such as: "Got your check, thanks", "Didn't get your check yet, thanks", "OK, try to send a check when you can", "Please call me", and "I'll mail you a statement".

It is not helpful to get into discussions about whether or not the decision of the court was fair or not. Be empathetic and sympathetic, however politely remind them it is the judge's order that counts. Remind them it is best to focus on the solution, rather than dwelling on the past that cannot be changed.

Any time you can persuade a judgment debtor to pay you voluntarily, it saves you time and money recovering your judgment. For average debtors, perhaps try polite negotiations first.

If your debtor is a professional scammer, you might want to start quickly with heavy-duty recovery strategies, to catch them by surprise, before they can hide their assets further. A scoundrel might try to hide their assets. Last-minute asset hiding rarely fools courts or recovery specialists.

The main point to make to your judgment debtor, is that judgments accrue interest, and judgments can be renewed, possibly forever. If they agree to quickly start making payments or settle with a lump sum, you can waive some of the interest owed, and save them a lot of enforcement costs. Working with you, will save them a lot of time, hassles, and money.

Sometimes a judgment debtor is willing to pay, however does not have the funds available to pay you. A payment plan can be the answer. Even the most optimistic judgment debtor cannot predict the future. If your judgment debtor is poor, having them pay what they are able to, when they can, should be your goal.

Even when the judgment debtor has a job and/or income, it is rare for them to consistently make long-term payments on time. It is a good idea to have them agree to contact you by email, phone, or mail once a month; even if only to communicate they "cannot pay you this month".

The worst thing that can happen when you start by being polite, is that your judgment debtor will not respond or will be rude; in which case you can begin conventional judgment enforcement strategies.

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Judgments With Dead Debtors

When people, or a person owes you judgment money, the death of your judgment debtor(s) does not always mean the death of your judgment. If you sued a corporation that later died, your judgment is more likely to really be dead. When a corporation folds, everything depends on the circumstances that caused it to fold. My articles are my opinions, and not legal advice. I am a judgment referral expert, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

First, how many debtors were named liable to pay your judgment? If not all your judgment debtors have died, you can probably try to recover your judgment from the (still living) debtors. This article discusses situations where you want to try to recover something from a dead debtor's estate.

Can you collect anything from your debtor's estate after the judgment debtor dies? Their death does not automatically extinguish their estate's obligation to pay the debtor's judgment debts. Everything depends on the details.

When did your judgment debtor die? If they died before the judgment named them as a judgment debtor, that judgment is defective. If the final judgment was issued prior to the date of your debtor's death, you have a chance of recovering some money.

Assuming your debtor passed away recently, the first step is to contact the executor or personal representative of the judgment debtor's estate. You will need to make a valid and timely claim against the estate of your judgment debtor.

Basically, the estate of the debtor, including their real estate, personal property, or trusts, are sometimes liable for satisfying the decedent's debts prior to any distributions to their heirs.

To have any real chance at recovering some money from your debtor's estate, you must act quickly, and your debtor must have possessed some assets. If your debtor was poor when they died, they will not be getting any richer after they die. If your debtor and their relatives were poor, it is game over. If the dead debtor's remaining relatives are rich, send them your claim with a polite and sympathetic letter, and a copy of your judgment. Who knows, they might pay you something.

One reason to act quickly, is that the first creditors to submit their claims are more likely to get paid. Late creditors might get scraps, or nothing. The other reason to act quickly is that each state has their own statute of limitations on making claims on the estates of judgment debtors.

What if you do not live close enough to your debtor, to know whether they died recently? Some ways to check for their possible death, is to scan the obituaries in the county or city where they live. Perhaps a web version of a "newspaper" might have obituary listings. There are many web sites to find this type of information including Ancestry.com and Searchbug.com. The more you know about your judgment debtor, the more useful these sites can be. If your debtor is sick or old, perhaps check their status every month or two. Once in a while, a sneaky judgment debtor fakes their death on public records to thwart creditors.

Generally, judgment interest will continue to accrue, even after the death of your judgment debtor. However, often there is not enough assets in the judgment debtor's estate to fully repay all creditors. Be willing to settle, especially if that is the case. Judgment recovery is usually tough, and getting something for your judgment is always a big win.

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Every Judgment Is Outsourced

Everything in judgment recovery depends on outsourcing. Anyone buying or owning a judgment has to try to sell, recover, or settle it, to recover any money from it. Everyone recovering a judgment, including "Do-it-yourself" judgment owners recovering their own judgments, requires the services of courts and Sheriffs and/or process servers.

Sometimes judgment recovery also requires paying lawyers, private investigators, and a notary. Judgment recovery is not guaranteed, and any time or money spent trying to recover judgments, can be money down the drain. If you plan on outsourcing your judgment to a judgment buyer, enforcer, or a collection lawyer; a free judgment broker will save a lot of your time, and find you the right expert.

My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. There are four basic choices when you outsource a judgment:

1) Enforcing a judgment yourself: You manage and pay for everything and outsource to courts, Sheriffs, process servers, notaries, and possibly some other required experts, perhaps including a lawyer or a paralegal to type up motions or other legal documents. You may need to hire a private investigator to find the judgment debtor or their assets. A little bit of consultation might be all that is needed, to get over a little hump in your judgment recovery project.

2) Cash upfront judgment sales: Judgments usually sell cash upfront for a very tiny fraction of their face amount. The only outsourcing will be to a buyer and a notary, because you must assign it to the buyer.

3) Hiring a lawyer either by the hour, or on a contingency basis (charging you 35-50% of what is recovered on average) to try to recover your judgment. The only outsourcing will be to your attorney. Lawyers only accept the strongest judgments for recovery on a contingency basis.

4) Assigning your judgment to an enforcer, who will try to recover it on a future-pay contingency basis (charging you 50% of what is recovered on average) paying you after money is recovered. Enforcers will take many judgments on contingency that lawyers will not take on contingency. The only outsourcing will be to an enforcer and a notary, as you must assign your judgment to the enforcer.

When you want your judgment recovered, you always must outsource it in one way or another. Sometimes you can recover it yourself. If it does not work out, you can usually find an expert to help you recover it. Don't hesitate to pay for help when it makes sense for your situation.

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Selecting A Good Business Bankruptcy Attorney

Business is the most common means of the income, but at the same time it involves much more complexities than a salaried job. When your business enters into a condition of financial incapacity and it is not able to pay its dues, is bankruptcy. If you want to close your own business and file for bankruptcy, you may require a good bankruptcy attorney; he would help you in making the right decision.

Selecting a good bankruptcy lawyer from many is very important. Here are some steps to choose a reliable and good attorney to help you through bankruptcy process.

• Choose a certified person in bankruptcy:

It is necessary to choose a qualified and reliable bankruptcy lawyer to file the bankruptcy suit. The certified bankruptcy lawyers have had their special training in the business bankruptcy, so they are best to help you. Choose an experienced lawyer within your state. You can check The American Board of Certification, which is the legal certification agency for those lawyers.

• Consult the Local Bar Association:

Your local bar association can help you by giving you a list of all bankruptcy attorneys in your area. After getting the list of attorney names and contact numbers from the local bar association, check with the American Board Certification on their accreditations.

• Check out office of the law firm's:

Look for how well an office is organizing, and also observe the environment. This can give you important clues about how well an attorney will handle your case.

• Talk to the local people of your area:

Since you are the owner of a business, probably you have a personal attorney and accountant. Talk to both for the recommendations about bankruptcy lawyer and also talk to your acquaintances and friends. Word of mouth is also a good method to find a good bankruptcy attorney if you have had known people that have had to go through the business bankruptcy.

• Interview more than 2 bankruptcy lawyers:

After short listing the attorneys, interview more than two lawyers. Schedule personal or telephonic interview. Again shortlist the right lawyer from interviewed lawyers.

• Don't select a lawyer depending on fees:

You need a best and competent lawyer. Most of the bankruptcy attorneys charges fees within a certain range. Get the price quotes from lawyers that you find comfortable with. Do not select a lawyer depending on cost.

• Stay Involved:

After hiring an attorney, don't be happy to let her or him handle it alone. Once again check all the filings. Staying on the top of bankruptcy filing would help you in ensuring that the proceedings go well and would keep your attorney on her or his toes.

• Signing the retainer agreement:

Finally when you select a bankruptcy lawyer, he will present you to do sign on a retainer agreement. Before signing on it, read thoroughly.

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How Qualified Is Your Polymer Chemistry Expert Witness?

Allegations of misrepresentations and claims of sub-standard quality are just two of the cases that a polymer chemistry expert witness is needed in. And usually, these legal battles are between two large and well-known companies. Therefore, it's imperative that only a highly qualified expert should be entrusted with the job. Both parties (defendant and plaintiff) have so much to lose, so to ensure a winning case, only the best in the industry should be hired.

But the question is, how can you say that a polymer chemistry expert witness's qualifications are at par with what the case needs? What are the qualifications of a good expert witness?

In most cases, experience is the first thing that lawyers demand, require, or look for. But it should be noted that experience can mean two things: technical expertise and years of exposure to trials, depositions, and testimonies. Sometimes, even if an expert has an impressive portfolio, he may not be suitable for the job due to lack of experience as a testifying witness. Therefore, for a chemistry expert to be qualified for the job, there must be a balance between his experience in polymer chemistry and his in the courtroom.

To have an idea of what kind of professional experience most chemistry specialists include on their CV, here is a short list.

a doctorate degree in Polymer Science, Chemical Engineering, or Chemistry more than 30 years of experience in the production, manufacturing, and quality control process of related products published author of reference books and highly reputable publications conducted different kinds of research which got published in reputable international journals

But aside from those credentials, an expert witness must have extensive knowledge in the country's legal system. This will make the whole case easier to pursue.

For one, you can rely on an experienced expert witness to know exactly what to do in court. For instance, he will perform the necessary tests and experiments, prepare the required documentations, testify confidently in court, and answer all questions from the cross-examining lawyer. Before he steps into the courtroom, he already has his visuals and other materials ready.

In addition, he knows his legal obligations as a witness, so he will not commit mistakes that inexperienced experts often make. For instance, if the cross-examining lawyer throws in a tactic to destroy his credibility as a polymer chemistry expert witness, he will remain calm, objective, and focused at all times.

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