How to File an Assignment Of Judgment
By: Mark D. Shapiro | Posted: 04th June 2010
I am not a lawyer. This article is not legal advice. The example form in this article is not meant to copy and use as is, explains what you need to know, to prepare and file an assignment of judgment.
The first step of enforcing any judgment where you are not the original judgment creditor (the person who was the Plaintiff/Creditor in the lawsuit), is to have a correctly prepared, signed, and notarized court-filed document.
This name of this document varies from State to State, and is usually named either an "ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT AND NOTICE OF ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT" or an "ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT"
There are no court-provided forms to do this, so you have to create your own, use the example in this article, or find an example on a Judgment forum or BBS, training course, or judgment professional association.
An example of an "ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT" is at the end of this article. You always start with an original customized form, signed by the person who currently owns the judgment, most often the original judgment creditor. Blue ink is usually preferred as it helps to establish which copy is the original.
The person assigning the judgment (the seller) to you (the buyer) must sign the form in the presence of a notary. The form must be signed and stamped by the notary. Once this is done, the form becomes the original that the court needs. Make one copy of it if you are bringing it to the court, and two copies if you are mailing to the court (in case the original gets lost in the mail).
You bring or mail (with a cover letter and a stamped self-addressed envelope) the original and a copy to the court where the judgment originated. If the form meets the requirements of the court, they will stamp (endorse) and file the original, and stamp and give or mail you the copy to keep.
Keep your copy, in case anyone challenges your ownership of, or rights to enforce the judgment. When challenged, you can simply fax or mail a copy of it, to end any challenge.
Here is an example of an Assignment Of Judgment form I have used in about 20 States. Again, it may not be right for your Court. The only way to find out is to bring your first one to Court, and see if they will accept and stamp it. This form takes two pages to print.
--- Page One: ----
Paul Plaintiff 124 Fake Street San Jose, CA, 95112 Phone: 408-100-1000 Plaintiff in Pro Per
IN THE SUPERIOR CIVIL COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA
PAUL PLAINTIFF (Plaintiff) CASE # 11-04-CV-999999 vs. ACKNOWLEDGEMENT OF DAN DEBTOR (Defendant) ASSIGNMENT OF JUDGMENT
My name is Paul Plaintiff, Plaintiff in this case, and hereby declare the following in support of an ASSIGNMENT OF JUDGMENT:
1) THAT this original Judgment was awarded by this court on 03/29/2010.
2) THAT Plaintiff was awarded $15,000.00, and Court approved Costs of $0.0 (Which totals as $15,000.00) on 3/29/2010, against Defendant: Dan Debtor.
3) THAT there have been no renewals since the entry of said Judgment by this Court and that Plaintiff already received $0.00 payment on this Judgment from the Defendant.
ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT - Page 1 of 2
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4) THAT Paul Plaintiff of 124 Fake Street, San Jose, CA 95112 is the Judgment Creditor.
5) THAT the last address of record for the Judgment Debtor(s) are Dan Debtor, 444 Cheaters Lane, San Jose, CA 95122.
6) THAT I hereby transfer, and assign all title, rights ownership, and interest in this Judgment to the following person: Mark D. Shapiro 44 Recovery Avenue, Recoveryville, CA 93033.
7) THAT I hereby assign to and authorize Assignee, Mark D. Shapiro, to recover, compromise, settle (in full or partial) and enforce said Judgment (11-04-CV-999999) at his discretion.
Signed this__________day of______________________, 20_____ in
the City of: __________________________, State;
_______________________________________________________ Signature of Paul Plaintiff (Judgment Creditor)
State, County of County, on _____________________ before me, (Print Notary Officer Name, and Title) ________________________________________________________,
ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT - Mark D. Shapiro - Page 2 of 2
(End of the example form.)
This form example was used mostly in California, and in about 20 States. It's good to start with, but always make sure your local court will accept your form. Note that most states will require State-specific notary language, or the notary will attach their own notary forms.
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Mark D. Shapiro - http://www.JudgmentBuy.com This article is free for republishing
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