All information
below is based on general principles of MISSOURI law, and may not apply in all
circumstances, ...even in Missouri! |
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A Few Questions Clients ask Lawyers About Collecting a Judgment:
Is there a difference between a "debt" and a "judgment"?
Yes. You cannot garnishee someone's wages, or attach a person's house or car, just because he owes you money. But if you sue him, and win, that same debt becomes a "judgment" and you can then garnishee wages and bank accounts, and file liens or even "attach" (take) his property, under some circumstances.
Doesn't my trial lawyer HAVE to collect the judgment for me? Isn't that part of representing me?
Not necessarily. In fact, your trial lawyer may have a lien on your judgment for unpaid fees, and may have his or her own interest in collecting it. But collecting a judgment is a separate activity from representing you in a lawsuit. You might prefer to hire a lawyer who emphasizes debt collection in her practice.
Can I collect my judgment without a lawyer?Of course, you can try. But the other side might not pay it, even if he wanted to, unless a lawyer was involved. He would need to have a release signed by you, and filed with the Court, to prove that it has been paid. You should not sign a release, until the money is actually in your hands. The logistics often require a lawyer.
My "judgment" is for child support, or maintenance. Do special rules apply?Yes. There are special rules for different kinds of judgments--and each should be evaluated separately. When the other side is ordered to make periodic payments to you, there are special considerations. If you have money damages, there may be different rules and deadlines.
Also, if you are owed CHILD SUPPORT --the State has an office that will help you collect it, and they can do it more efficiently than many private lawyers.
QUESTIONS A LAWYER MIGHT ASK the "Client to be":
Is Bankruptcy a
viable option for your debtor?
(Some people just cannot consider it, for various
reasons).
Is the amount of the judgment worth the time, money and
effort you will spend collecting?
(Some approaches are more time consuming and
expensive than others. Sometimes, if the debtor won't disappear, you can just 'let
things sit' --as long as your time limits don't expire).
Do you know enough about the debtor to keep track of him
and his assets through the years it may take to wait for full collection?
(You
must NOT "stalk" him, or invade his privacy --but it may be good to let him know
you are watching and waiting. Your goal is to make it easier and more comfortable
for the debtor to pay you than not to pay. But federal and state law place
restrictions on certain activities regarding collections)
Is there some time in the future that you would be more
likely to collect this judgment with less effort?
(For example, if your debtor
forgets he owes the money, he may get "sloppy" about hiding his assets).
CHECKLIST--What you will need to know to collect your judgment--Date of your Judgment: _____________ Amount of your Judgment: $___________________ Name of your case________________________Court and Case Number ____________ Have you paid your trial lawyer? (yes/no) Dates partial payments have been made, or collected, and amounts paid: _______________________________________________________________________ Debtor's Social Security Number: _______________________ Debtor's employer (name of business, and address): Debtor's educational level, special skills: Possibility of inheritance from someone? Does anyone owe money to the debtor? Does anyone else have property belonging to the debtor in their possession (including his attorney)? Is he the beneficiary of a trust? Debtor's marital status, and number and ages of children? Is your debtor the"head of household" in his family? Does he have other debts which take priority? Make a list of property you KNOW that your debtor has, for example, home, interest in a business, pensions, retirement funds, car, stocks, bonds, certificates of deposit, notes which have not matured, IRS refunds.... For each property you KNOW that your debtor has, write down the dates liens have been placed on any specific property. Has your debtor declared bankruptcy? If so, find out, and write down the date(s) and the court case number. |
RED LIGHTS!!!!!!!!!CONTACT A LAWYER IMMEDIATELY IF:
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TIME LINES
JUST BECAUSE YOUR DEBTOR WON'T PAY DOES NOT
MEAN YOU CANNOT ULTIMATELY COLLECT YOUR JUDGMENT.
BUT YOU CAN LOSE YOUR JUDGMENT IF YOU DO NOT WATCH YOUR TIME LIMITS!!!
- Everything starts with the date of the Decree or Judgment from the trial Court, or jury. Enter the date of your judgment on your work sheet, or records.
- The Judgment, itself, is presumed to have been paid if it has not been collected in TEN YEARS. Before the ten years is up, you can have a Court "revive" your judgment. You should see a lawyer about reviving your judgment at least two or three years before your deadline!
- LIENS. The person who owes you money may refuse to pay, and not have any bank accounts, or other assets which you can actually turn into money to pay the debt. You can file a "lien" on, for instance, real property, unmatured certificate of deposits, --his attorney's escrow account, or other property in which the debtor has an interest. A lien only lasts three years from the date of your judgment, or the date you give notice to the person holding the property, and must also be "revived" before the three years is up (see Supreme Court Rule 74.08 and RSMo 517.151).
- If you "revive" your judgment before your lien expires (every three years), your judgment will take precedence (come before) any other judgments or liens filed after your lien. If you let your lien expire, you can still file another lien, but it will have a lower priority than other liens filed on that same property.
- The statute having to do with Judgment liens on real estate has recently been amended. Judgment liens on real estate, are valid for ten years now, as opposed to three, at least for judgments rendered or revived after August 28, 1998. Here's the cite: http://www.moga.state.mo.us/statutes/C500-599/5110360.HTM
- REVIVAL
OF JUDGMENTS. A lawyer may file for you a "Motion for revival of a
Judgment." When that motion is filed, a Judge signs an "Order to Show
Cause" directed to the person who owes you money. If that person cannot be
found, the notice can be published in the newspaper. The person who owes you money
has a specific date by which he or she must appear in Court, and show the Judge why the
Judgment should not be "revived." If he cannot show a good reason why it
should not be revived, then the Judge signs an Order, reviving the Judgment as of that
day...
...and your ten years begins again!!!!!
If, after reviewing these pages, visitors choose to send me a brief message please IDENTIFY YOURSELF, including your City, State--and Country. I do not respond to ANY messages that are sent anonymously, do not have information in the subject line -identifying the nature of your request, -- or contain attachments. A RESPONSE TO ANY MESSAGE DOES NOT MEAN THAT I AM YOUR LAWYER, OR THAT I WILL AGREE TO REPRESENT YOU IN ANY LEGAL MATTER. IT IS EVEN POSSIBLE THAT I REPRESENT SOMEONE WITH INTERESTS ADVERSE TO YOU, AND YOU SHOULD NOT DIVULGE INFORMATION TO ME THAT MIGHT HURT YOUR CASE.
Thank you for visiting my web page. It was last updated on 04/30/06.
All pages on this web site are for general informational purposes only. Legal
concepts are based upon Missouri law, and general practice in local state and
federal courts. Before applying any general legal concepts to specific facts,
an attorney would have to be fully informed of the specific circumstances and goals of the
individuals involved, which would include examination of relevant documents and conferring
with the parties.
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I am "admitted" (permitted to practice
law) to all Missouri Courts; the United States District Court, Western
District of Missouri; |
All text, files, elements and design on all
pages at this site |
Peggy S. Hedrick, Attorney at Law
Post Office Box 11027, Springfield Missouri USA 65808-1027
Phone: 417-862-5520 Facsimile # 417-862-8207
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