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judgment recovery

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Steken

Junior Member
What is the name of your state? Indiana

I was wondering if it is legal in Indiana to establish a business that assists judgment holders in collecting their judgments (a business that is not established as a collection agency). I have asked a few local lawyers and have spoken to two local judges but I get no common answer concerning assignment. All agree I may purchase a judgment, then pursue it. Concerning assignment, I get varied answers.

What I would like to do is have judgment holders assign their judgment to my business, which would give me legal right to pursue the judgment. I get the judgment settled, then pay my client the judgment amount minus my business fee.

I have spoken with others who have a successful judgment recovery business established - just none in Indiana.

:eek: Lol, yes, I purchased a "How to Make Money Pursuing Judgments" course and no, I'm not trying to be a lawyer.
 


JETX

Senior Member
Steken said:
I was wondering if it is legal in Indiana to establish a business that assists judgment holders in collecting their judgments (a business that is not established as a collection agency). I have asked a few local lawyers and have spoken to two local judges but I get no common answer concerning assignment. All agree I may purchase a judgment, then pursue it. Concerning assignment, I get varied answers.
As YOU have described it (incorrectly I might add), your activity of ASSISTING a judgment holder to COLLECT their judgment, without you being a licensed attorney, would be a violation of your state UPL (Unauthorized Practice of Law).
 

Steken

Junior Member
JETX said:
As YOU have described it (incorrectly I might add), your activity of ASSISTING a judgment holder to COLLECT their judgment, without you being a licensed attorney, would be a violation of your state UPL (Unauthorized Practice of Law).
Hmmm. Not looking for an argument in semantics here - is there a way to describe it so I would not be in violation of Indiana UPL? Change "collect" to "enforce"?

Could I avoid the whole the issue by establishing a collection agency as my business?
 

JETX

Senior Member
Steken said:
Hmmm. Not looking for an argument in semantics here
Then you are getting into the wrong 'business'.
Law is ALL about the 'semantics'.... and proper use of words. If you can't use them to PROPERLY describe your actions, how do you expect a court to 'read your mind' and determine what you REALLY meant??

is there a way to describe it so I would not be in violation of Indiana UPL? Change "collect" to "enforce"?
There is no way to 'describe' it if your intent is to do as YOU have described it.

Could I avoid the whole the issue by establishing a collection agency as my business?
Absolutely. You can then take on the judgment creditor (or anyone elses) claim and pursue the debt as an ASSIGNEE (agent) of the actual judgment or debt owner. Of course, you won't have the rights to legal processes... and will have to comply with the FDCPA..... but you will have the legal right to pursue the debt.
 

Steken

Junior Member
JETX said:
Then you are getting into the wrong 'business'.
Law is ALL about the 'semantics'.... and proper use of words. If you can't use them to PROPERLY describe your actions, how do you expect a court to 'read your mind' and determine what you REALLY meant??
Point taken.

JETX said:
Absolutely. You can then take on the judgment creditor (or anyone elses) claim and pursue the debt as an ASSIGNEE (agent) of the actual judgment or debt owner. Of course, you won't have the rights to legal processes... and will have to comply with the FDCPA..... but you will have the legal right to pursue the debt.
One more clarification for this obviously ignorant asker of questions....

A judgment owner cannot make another individual an assignee, but can make a business entity (collection agency, law firm) an assignee?
 

JETX

Senior Member
Steken said:
One more clarification for this obviously ignorant asker of questions....

A judgment owner cannot make another individual an assignee, but can make a business entity (collection agency, law firm) an assignee?
Where did you get that crap.... since you are WRONG!
A judgment creditor can sell that judgment to anyone they want.... individual, partnership, corporation, etc. It makes NO difference who the buyer is.
 

Steken

Junior Member
JETX said:
Where did you get that crap.... since you are WRONG!
A judgment creditor can sell that judgment to anyone they want.... individual, partnership, corporation, etc. It makes NO difference who the buyer is.
I'm just here to try and learn a little.

As for the crap? I asked

Steken said:
Could I avoid the whole the issue by establishing a collection agency as my business?
Your reply

JETX said:
Absolutely. You can then take on the judgment creditor (or anyone elses) claim and pursue the debt as an ASSIGNEE (agent) of the actual judgment or debt owner.
I probably misread the use of the word "then".

And once again to clarify, I asked about assignment, not selling. As I previously stated, the lawyers and judges I spoke with had no problem with me (the individual) purchasing a judgment. When I (the individual) wanted to be an assignee, the answers varied.
 

JETX

Senior Member
Steken said:
And once again to clarify, I asked about assignment, not selling. As I previously stated, the lawyers and judges I spoke with had no problem with me (the individual) purchasing a judgment. When I (the individual) wanted to be an assignee, the answers varied.
And I agree 100% with that statement.
If you purchase the judgment, it is yours to do with as you please. You can enforce it, fold it into a paper airplane, or use it to light a cigar.
However, if you are simply an ASSIGNEE of the judgment creditor.... you can't do anything UNLESS you are a licensed attorney. As an assignee, any attempts at legal processes unless a licensed attorney would be UPL.
 

Steken

Junior Member
JETX said:
And I agree 100% with that statement.
If you purchase the judgment, it is yours to do with as you please. You can enforce it, fold it into a paper airplane, or use it to light a cigar.
However, if you are simply an ASSIGNEE of the judgment creditor.... you can't do anything UNLESS you are a licensed attorney. As an assignee, any attempts at legal processes unless a licensed attorney would be UPL.
Thanks, JETX. This has really helped me alot - I appreciate your time!
 

JETX

Senior Member
Steken said:
Thanks, JETX. This has really helped me alot - I appreciate your time!
And of course, you're very welcome. Glad to have been of assistance.
Y'all come back now, ya'hear. :D
 

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