Civil litigation is a legal avenue for settling disputes that do not rise to the criminal level. In a fair share of civil cases, the plaintiff is seeking some sort of monetary award as compensation, punitive action, or a combination of both. It is wise to go into such a case with a long-term mindset.

Taking someone to civil court is not as easy as filing a few documents and showing up for a hearing a few weeks down the road. Civil litigation is complicated. It is time consuming. Rarely are cases decided in a matter of weeks or months.

After the fact, you need to enforce any judgment you might win. That’s where the real work begins – at least as far as money judgments are concerned. Enforcing a money judgment is collecting it. And collecting is rarely simple and straightforward.

Debtor Assets and Income

Enforcing a money judgment relies exclusively on the debtor’s assets and income. Remember, you are trying to collect a financial award. What if the debtor doesn’t have sufficient income to pay? Do they have assets that could be utilized to make payment?

Judgment collectors is a Utah collection agency based in Salt Lake City, says that there are judgment proof debtors. These are debtors who lack sufficient income and valuable assets. They have no reasonable means of paying and no prospects for the future.

It is not unusual for judgment debtors to work hard to make themselves appear as though they are judgment proof. And this is why it’s wise to go into civil litigation with a long-term mindset.

Key Strategies for Playing the Long Game

Going into civil litigation with a long-term mindset prepares a creditor to play the long game. What does that mean? It means pursuing enforcement for as long as it takes. It means not allowing the debtor to wear you out but, instead, wearing him out until he agrees to pay.

Judgment Collectors explains that there are some key strategies that go along with playing the long game. Here are just a few of them:

Regular Asset Searches

A judgment debtor may not have any valuable assets at the current time. But it does not follow that they will never have such assets. Judgment Collectors recommends running regular asset searches, just in case things change.

Asset searches can be conducted using public property records, proprietary databases, and even social media. There is plenty of information to be gleaned if one knows where to find it.

Regular Employment Checks

Hand-in-hand with regular asset searches are regular employment checks. Imagine a debtor working a minimum wage job at the time a judgment comes down. That job does not pay nearly enough to make wage garnishment practical. But with any luck, the debtor gets a better job down the road.

A better job may offer more income, income net could be garnished. And if there is income sufficient enough for garnishment, there might also be a bank account the creditor could look at.

Renewing the Judgment

Most states place statutes of limitations on judgments. The average is 7-10 years. Playing the long game means being prepared to renew a judgment if necessary. Renewal continues the creditor’s claim for another 7-10 years.

Only on rare occasions do judgment debtors pay up immediately. Most judgments drag on for years until creditors eventually give up. If you are planning to go to civil court, go in with a long-term mindset. You cannot collect if you are willing to give up. If you are not willing to give up, you have the advantage.