By Stephen J. Muhonen, Creditor’s Rights Attorney, Racine Olson, PLLP
It has been said that a hole was never dug by leaning on a shovel. Rare is the occasion where desired outcomes and favorable results arise without putting your back into a project and earnestly working towards a focused goal. So it goes with attempting to collect on a judgment. If a judgment debtor does not immediately pay their court ordered money to a judgment creditor, rarer and rarer is the occasion where the judgment debtor voluntarily agrees to pay what is due. Sitting on your hands hoping the debtor will do the right thing and “pay up” often only yields frustration and angst, with the judgment debtor not only NOT paying you, but now also living rent free in your head. Recently, I had some clients who had enough of sitting it out and hoping their judgment would be fortuitously paid. They called me up and we had a discussion about their situations. After an enjoyable chat, we then entered into a fee agreement and together we rolled up our sleeves and went to work. We expended time, effort and energy, and as a result, we recovered $150,000.00 on one judgment, $130,000.00 on a second, and $100,000.00 on a third one. Congratulations to these clients!
The $150,000.00 recovery was on a judgment issued in Colorado in 2023 against an individual and an LLC. The judgment creditor was able to track the judgment debtor to Idaho. With the judgment debtor located, I was retained to domesticate the Colorado judgment here in Idaho and commence collection efforts thereon. After about five to six months of servings writs of execution, obtaining a charging order, completing a debtor’s exam, subpoenaing documents, and pursuing and obtaining contempt order(s), the judgment debtor did indeed finally pay the judgment. The client was willing to and did invest in the process, knowing there were no guarantees as to the outcome. In the end, the work paid off!