This week in Young, Hungry & Committed, virtual office NYC attorney explores her evil side by collecting on judgments against debtors.
If I did not pursue law, I think I would have been a detective (cue the Law and Order clunk clunk).
I do mostly commercial litigation, typically defending businesses that have been sued for various reasons.
But I also have this little practice niche where I collect on judgments. Frankly, it may be that part of my practice that I enjoy doing most.
I was drawn to commercial litigation because I love the strategy of it. The paperwork that comes along with it (that I am currently mired down in) I could do without. But I love the negotiation. I love the trial prep. I love being in court.
I feel like it was my calling in life.
I enjoy doing the judgment enforcement work for all those reasons and one more: it gives me an opportunity to explore my “evil” side.
Honestly, it surprises me at how few attorneys know how to collect on their judgments. Most of my work comes from other law firms. This is good for me: I end up having all the fun!
And what’s fun about it is that judgment enforcement encompasses everything I like about litigation – the strategy and investigation – but unlike pre-judgment litigation, you get near total carte blanche when it comes to seizing a debtor’s assets.
Once you have a judgment, the rules are not in the debtor’s favor, and you can (basically) do whatever you want to find and collect assets.
– I have frozen bank accounts;
– I have sued the parents and children of debtors who have transferred their assets unlawfully;
– I will subpoena all the debtor’s friends, family, family or business partners who I think may have information about the debtor’s assets.
You can create an immense amount of pressure on a debtor to pay. Pressure that only a true sociopath wouldn’t feel (and I have dealt with those).
I do not really feel badly about this.
Ask any debt collector and they will tell you about the amazing lengths people will go to to shirk their responsibilities to creditors (or the court for that matter).
Stashing money in fake corporations, giving it away to their family members, including minor children, and transferring ownership of assets are all commonplace.
I have an old friend who is a straight-up degenerate (yes I just said that, and yes, I still have friends who, for the most part, keep life interesting). He had a judgment against him and was stashing money in his younger cousin’s bank account.
I had to put the fear of God in him. I told him that his cousin could get sued to recover his money and that, if I were on that case, I would take pleasure in doing so.
Debtors who have judgments against them are sneaky. This gets me into the mindset of a detective who’s chasing down a perp: “you may be sneaky, but I’m sneakier”.
When doing an investigation on these cases it’s a little like going down the rabbit hole. You never know what you will find.
I’m going to be on your social media pages.
I’m going to find out who your family and friends are.
I’ll know what real estate you own.
I’ll know what UCC filings you have.
I’m going to find out what businesses you’re involved with.
I will get into your head and find out where every penny you’ve hidden is located.
I will subpoena everyone. I will sue whomever I have to.
I will be relentless.
I will get the judgment paid.
And I will love every minute of it.
Vivian Sobers does what she loves.
Not doing so is one of the 7 Deadly Mistakes that prevent law practice growth.
Get our free eBook
Vivian Sobers is a commercial litigator pursuing a solo law practice right out of law school. She is a client in Law Firm Suites’ Virtual Office Program. Vivian’s weekly blog series “Young, Hungry and Committed” documents the trials and tribulations of a young attorney navigating her way through the challenging world of self-employed legal practice.
on said:
Ms. Sobers, your article discussing how you are willing to track down and go to any lengths to settle a judgment or case, strikes a cord with me. I , too, love to get into the nitty gritty of how to locate and find all the information you need to getting the favorable outcome you are seeking!
I am detail oriented just as you are, and it is amazing what information is available if you just know where to look for it.
Your article outlines the methods by which one can discover the necessary information needed to do your job. Kudos to you for your skill set and for sharing it with us.
Thank you for sharing your mindset and methods.
Brenda Tierman
on said:
I really enjoyed this. How did you get into debt collections?
on said:
I gulped when I saw your intro. It implied you enjoy using your skills to inflict pain. . After reading your entire post I realized that you are a pro. It is critical to the protection of the honest debtors that you expose the frauds. The struggling people in this world need to be reassured that they have a chance to keep up with the scoundrels who live off the system.
I could never be a debt collector but few of my friends could be a divorce lawyer.