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Take no action and it is unlikely the judgment debtor will feel guilty enough to write you a check. The only positive consequence of this option is that you may have a tax write-off.
Pursue enforcement on your own. As a judgment creditor you have rights. You can represent yourself, file papers and conduct investigations within the law. If you choose this option a helpful guide can be found at:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/collect.htm
The downside to this option is the time and experience required to enforce your rights. If you cannot locate the debtor, their assets or income, you may also have to apply for and be accepted by the non-public data base companies.
Assign your judgment to a collection agency. Most collection agencies will probably not be able to represent you in court or prepare legal documents. Collection agencies will typically send letters and make phone calls but all the previous calls and letters did not result in payment. You have a judgment; the time for calls and letters is long past. In addition, the Fair Debt Collection Practices Act (FDCPA) says in part:
§ 1692c. (c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt,
If your judgment debtor tells the agency “I’m not paying and don’t call or write me again,” the collection agency will most likely have to stop calling or writing.
Hire an attorney. This is the route I chose for many years and many attorneys are very good at enforcing judgments. In my case the attorneys would often hire private investigators to locate the debtors, their assets and income. The private investigator’s bill would be added to the hundreds of dollars an hour I was billed by the attorney. There was no guarantee that I would ever recieve even a penny on the judgment. The only certainty was that I would have a very large legal bill. Too often I was throwing good money after bad.
Let us Get It Paid. We will locate the debtor anywhere in the United States, find their hidden assets and income, prepare and file all documents, pay all fees including Sheriff’s and Marshall’s fees, make all court appearances and pay any necessary attorney’s fees. Remember, you pay nothing, ever. No more throwing good money after bad. I make my money from the debtor so I am highly motivated to get your judgment paid.
If I can’t get your judgment paid, I make nothing.
