When Debtors Have The Same Name

I am not a lawyer, I am a judgment referral specialist (Judgment Broker). This article is based on my experience in California. Laws are different in every state, and nothing in any of my articles should ever be considered legal advice. This article is my opinion about how to get around the problem of judgment debtors with common names, or using the identical names or Social Security Numbers of their parents, grandparents, or kids.

When a son is named Barry Clark and his father is also named Barry Clark and his grandfather is named Barry Clark; maybe it is cute, perhaps sentimental, and perhaps it makes it more difficult for judgment owners to collect from the right Barry Clark. It is too bad that dates of birth, and at least partial Social Security Numbers are not placed on most judgments by courts.

Some debtors use a relative's Social Security Number, or that of an unknown person, to evade creditors. Even if your judgment debtor is a "scammer" and uses someone else's or multiple Social Security numbers, there is not much one can do about it.

In theory, purposely using someone else's or multiple Social Security Numbers (SSNs) is illegal. However, in real life - unless they use multiple SSNs to defraud the government, a big company, or a VIP - the law rarely does anything to the average person who uses fake SSNs - or even those who commit perjury.

Making threats is illegal. You cannot threaten, or threaten to notify others, for example the police or the IRS, for the purpose of getting a judgment paid.

There are many laws about disclosing information about a debtor's debt to third parties. What happens if you have a judgment debtor whose name is the same as his father's name? If you mail them a letter or anything else, how will you know the right person will open it? If you call them to negotiate a payment plan, how will you know you are talking to the right person?

This same-named debtor problem occurs fairly often. If you know the age of the debtors, perhaps their middle name is different. If you call or write, use the middle name, or use Jr. or Sr. If they ask why you want to talk to the judgment debtors, say it is a business transaction.

If the debtor says they are the right person (the person named on), make sure they sound "right", a 22-year old should sound different from a 50-year old. If you are sure you are speaking to the right person, recite the "Mini-Miranda", and ask them how they plan to repay this judgment debt.

Google "Mini Miranda". When talking with the judgment debtor, you must recite the Mini Miranda to them. Also include the Mini Miranda (and in California, the Rosenthal Act) on your first written correspondence to the debtor (for example a payment plan agreement letter).

Then, get ready to hear lies, including what a SOB the plaintiff was, how they were not served, how they are poor, and be sad, mad, etc. There is a ten percent chance they will offer to pay, and a two percent chance they will really pay you as they promised.

If you call a debtor, do not lie about who you are, and do not let them believe you are associated with any entity that you are not part of. It is fine to tell them you are an investigator for your own company. Say that you are trying to contact (debtor's name).

You can proceed with your investigative call by saying "we need to confirm that we are speaking with the correct individual, can I kindly ask you for your year of birth?" As the first step, you are just trying to confirm that you have the correct individual.

Once you have confirmed that you are speaking with the right judgment debtor, try being nice and working with them on a payment plan. You might say they qualify for a voluntary payment plan as compared with normal recovery procedures.


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Mark Shapiro - Judgment Broker - Free leads for Judgment Enforcers and contingency collection attorneys.

http://www.JudgmentBuy.com - is the best judgment solution, where Judgments quickly get Purchased or Enforced by the best!