<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ilee:
Is is legal to sell a judgment to a person not associated with the original case? If it is legal, is the process for collecting the judgment the same? where would i find out about garnishment procedures for Hawaii, and Idaho?<HR></BLOCKQUOTE>
My response:
Sure you can. Creditors assign claims to collection agencies all the time. Usually, the assignee buys the debt of the creditor/assignor for nickles to dimes on the dollar. The assignee/collection agency (or whomever), then has the same rights, titles and privileges that the assignor had in the debt, and suing for, and collection on, the debt is the same. Below is a form that should be used when assigning/selling a debt:
CREDITOR'S ASSIGNMENT OF CLAIM
In the Matter of
______________________________________
______________________________________
______________________________________
(Debtor)
The undersigned does assign and transfer to __________ __________ my/our
claim and demands against the above-named debtor in the amount of __________
Dollars (__________) and I/we authorize said Assignee to enforce the payment
of the same, by legal remedies or otherwise, for his/her/its use and benefits
and in the event of an attachment pursuant to the Code of Civil Procedure of
the State of California Section 488. I/we will protect the surety(ies) on any
required Attachment Bond, pay the necessary expenses, and hold the said
Assignee free and harmless from any claims asserted by the debtor by virtue
of any attachment made by said Assignee.
In the event that my/our aforesaid claim or demand is guaranteed, such
guaranty, or guaranties, are hereby also assigned, transferred and set over
to the Assignee above-named.
In the event that my/our aforesaid claim or demand is guaranteed, such
guaranty, or guaranties, are hereby also assigned, transferred and set over
to the Assignee above-named.
WITNESS my/our hands the date first above written.
_______________________________________
Company or Business Name
_______________________________________
Authorized Member of Company
_______________________________________
Title
As for matters concerning Hawaii and Idaho, I can't help you.
IAAL
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