Monday, December 10, 2012

Future-Payment Explained


I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is about the future-payment concept for civil money judgments. Future-pay means you get paid later, after money is recovered, instead of cash up-front "now".

Every judgment, is only a piece of paper until available assets are found, and the judgment is successfully and eventually enforced. If the debtor has lots of available assets, you will probably get some money back quickly, however nobody can or should guarantee that.

Judgments are not cash, they are chances for cash in the future. Judgments are expensive and complex to recover, and their recovery depends entirely on the debtor to repay them. Bankruptcy or other factors can make a judgment worthless.

Most people owning judgments want to sell them for cash up-front. The problem is that nothing is guaranteed in judgment enforcement. Because of the risks of not recovering anything, most judgments sell for 1-10% of their face value on a cash up-front basis.

Future-Pay reduces the risk for the judgment recovery expert or lawyer. Because of the reduced risk, they can later pay you a much higher price for your judgment, usually about 50% of whatever they can recover from your debtor.

Everyone would rather get cash up-front, and that may be possible, especially when your debtor has a large amount of available assets. However, the reality is that most debtors do not have obvious available assets to pay off a judgment. Almost always, future-pay gives you the best chance of getting the most money for your judgment.

Future-pay allows the judgment recovery expert to be patient and wait for the debtor to acquire some assets. Even a poor debtor might inherit money or real estate, win the lotto, or get a job - anything could happen. A cash up-front buyer takes all the risk, and cannot count on anything changing with the judgment debtor.

With most judgment recoveries, money is recovered in chunks, either via a payment plan, or sheriff levies of the debtor's assets. Usually money is not recovered easily, or in one payment.

It can take many years and a lot of work to recover a judgment - so even if you get cash up-front for your judgment, the money is always recovered later on a future pay basis.

When a judgment buyer or a judgment recovery expert is local to your debtor, that increases the chances of getting money from the debtor. With Future-pay, you then get (e.g.) 50% of the recovered money (sometimes including interest) paid to you.

Many people agree that (e.g.) 50% later (often including future accruing interest) is better than a tiny fraction of 50% "now".

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