The Complete Judgment Recovery Guidebook
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In the Guidebook, you will find...

  • Clear, concise wording
  • Detailed information on each procedure
  • Lots of footnotes and reference material

How "A World of Opportunity: The Real World Judgment Recovery Guidebook" is organized. There are three chapters (plus appendices and supplements):

  • The Basics of Understanding Judgment Enforcement
  • Enforcement of the Judgment
  • Operating Your Judgment Enforcement Business

Each chapter takes a subject, piece by piece. The author tries not to fluster the reader with any jargon, but where jargon is used, you will find explanations, definitions, and examples of the subjects. There is a Glossary in the Appendix, and Real World, as opposed to theoretical examples of the subjects covered. Readers is urged to read, and re-read the Guidebook and utilize it for your reference library.

There are also subsections within each chapter. Under the subsections, the reader may find:

  • How they work
  • Real World issues
  • Authors Tip
  •  Food for thought

Excerpts from The Real World Judgment Recovery Guidebook:

Real World issues.  A Judgment Debtor filed for protection under Chapter 7 of the Bankruptcy Code.  The case is a no asset bankruptcy case.  The Debtor did not list the judgment, the Judgment Creditor, nor the Assignee in his/her list of debts & creditors.  If the Debtor (a bankruptcy term for the person/entity who filed bankruptcy) resides or is located in the 9th Circuit Court of Appeals, there is no need to reopen the bankruptcy case to add a debt, creditor, judgment, etc.  The 9th Circuit has ruled[1] effectively that “…reopening a closed no-asset case to add a creditor has no effect on whether the omitted debt is discharged”.[2]  In other words, the Debtor did not have to list the debt, creditor, judgment, etc. on his/her list of creditors for the discharge to have full force and effect.  It is always prudent, when finding a bankruptcy filing for the Judgment Debtor, to examine the cause of action to determine if the cause of action (which caused the debt to be incurred) occurred before the bankruptcy discharge.  If the cause of action occurred before the discharge, the Author would pass on the judgment and move to the next matter (exceptions apply).


[1] Beezley v. California Land Title Co. (In re Beezley), 994 F.2d 1433, 1434 (9th Cir. 1993)

[2] "The Law of Reopening: Revisited", by Alexander L. Edgar, Assistant U.S. Trustee, South Bend, Ind.

 

Renewing a judgment.  Judgments have a certain life span (statute of limitations).  In most instances a judgment may be renewed (brought back to life) for an additional period.  In California, a judgment is good for ten (10) years[1], and may be renewed.  In Arizona, it is five (5) years[2], and may be renewed.  Every state the author has researched, including Nevada[3] has provisions for renewing or reviving a judgment.



[1] CCP §683.020:  Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property:  (a) The judgment may not be enforced.  (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease.  (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished.

[2] ARS §12-1612, et seq.  Subsection (B) reads, in part: “The judgment creditor, his personal representative or assignee may within ninety days preceding the expiration of five years from the date of entry of such judgment, make and file an affidavit, known as a renewal affidavit,…”

[3] Nevada Revised Statutes §17.214:  “Filing and contents of affidavit; recording affidavit of renewal; notice to Judgment Debtor.  1. A Judgment Creditor or his successor in interest may renew a judgment which has not been paid by:  (a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation…”


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