Some monetary judgments are never collected because judgment debtors truly do not have the resources to pay. But other times, judgments remain uncollected because debtors take advantage of asset protection schemes recommended by their attorneys. Such schemes are designed to put non-exempt assets out of reach.
The mere fact that attorneys advise their clients to protect assets seems like sufficient motivation to bring in an expert like Judgment Collectors as soon as a civil case is decided. As a collection agency that specializes in judgments, Judgment Collectors has seen every asset protection scheme under the sun. They know the best way to move forward in any scenario.
Examples of Asset Protection
So, what do attorneys advise in terms of asset protection? It depends on the debtor’s circumstances and what state law allows. Note that state laws regarding assets and judgment collection differ. States rarely do things the same way.
That said, here are some examples of common asset protection schemes:
- Property Transfer – Debtors are often advised to transfer property into a spouse’s name. If a spouse holds exclusive possession to property and is not part of the debt action, transferred property is protected.
- Setting Up a Trust – Another strategy is to set up an irrevocable trust into which assets can be transferred. The trust ultimately owns the assets, but the debtor still maintains control over them as the primary trustee.
- Move Cash Offshore – When a judgment debtor possesses a significant amount of cash, their attorney will generally advise moving that money offshore. Transferring cash to an offshore account makes it virtually untouchable.
- Utilize a Retirement Account – Cash can also be moved into a retirement account. Certain types of retirement accounts are protected against judgment collection procedures by federal law.
There are other asset protection strategies attorneys might advise depending on a debtor’s circumstances. Attorneys tend to advise that debtors do such things before being faced with a lawsuit. Attempting to move or transfer assets after the fact could be deemed fraudulent by the court, thereby making matters worse.
The Case for Collection Assistance
Fraudulently transferring assets in order to protect them against collection efforts is risky. But if a judgment creditor doesn’t know how to figure it out, the risk goes down substantially. So it is not completely unheard of for attorneys to advise asset transfer after a lawsuit. What does this tell creditors? That they should seek professional assistance to collect.
An agency like Judgment Collectors knows how to scour property records and other databases to find property that was fraudulently transferred. Once found, previously transferred property becomes strong leverage against the debtor. More than one debtor has been encouraged to pay after transferred property was found.
Other Avoidance Tactics
As long as asset protection strategies were put in place before a debtor was served with a lawsuit, the assets involved are likely protected from collection efforts. But what if an attorney advises against such strategies after the fact? It is good for the creditor, but that still doesn’t mean collection will be easy. Attorneys can advise on other avoidance tactics.
It is unfortunate that attorneys and judgment debtors sometimes work together to avoid the debtor having to pay. But it is part of the game in civil law. It is equally unfortunate that creditors seem to be at a disadvantage. Rules established to protect debtors against creditor abuse ultimately help the debtor more.
If I were the winning party in a civil lawsuit, I wouldn’t even think about trying to collect on my own. My first call would be to a collection agency that specializes in judgments.