There is a lot that goes into collecting judgments. It takes research, knowledge, a willingness to keep at it, and even a fair amount of good luck. But successful collections also require keeping very good records. Record keeping is so important that the Utah State Courts website discusses it in its explanation of how to collect a judgment in Utah.
It goes without saying that records are important to proving your case. Without proper records, it is your word against the debtor’s. Judgments are already hard enough to collect under the best of circumstances. Trying to collect without the proper records only makes a difficult situation worse.
The Types of Records You Should Keep
Assuming that your case has concluded and you already have a judgment in hand, three parties will have a copy of that judgment: you, the debtor, and the court. You should hold on to your copy for as long as it takes. But there is more. Here are some of the other types of records you should keep until the debt is paid off:
- All Transactions – Records of any and all transactions related to the judgment should be kept. These include records for services, any expenses you incurred in your collection efforts, etc.
- Attorney Records – Any records your attorney furnishes should be kept in the file. Also include bills/receipts for all attorney’s fees paid. Records of any attorney expenses passed onto you should be kept as well.
- Garnishment Records – If garnishment is utilized as a collection tool, any and all records pertaining to it should be kept. This includes records of payments received.
- Check Copies – If the debtor makes any payments via personal check, copies of those checks should be made prior to deposit. You should also keep bank statements showing that the checks were deposited and cleared.
- Communications – Always keep copies of written communications between you, your attorney, and the debtor and/or his attorney. Keep emails, text messages, paper letters, etc.
Any other records pertaining to the case not mentioned in our list are still important enough to keep until the debt has been paid. Depending on how long it takes to get full payment, you could compile quite a collection. But that is the way collecting judgments in Utah goes.
Maintaining a History of the Judgment
There is another reason for keeping good records above and beyond proving your case. As explained by the Utah State Courts, that reason is maintaining a history of the judgment. Understand that it could take years for you to fully collect. Perhaps a few years from now, you will need information about something that happened this year. Trying to recall that information from memory probably isn’t going to work.
It is very difficult to recreate a case from memory. Memories fade and falter. Different parties remember similar scenarios differently. The only way to make sure you keep your facts straight is to maintain good records.
Contact Us if You Need Help
We get the fact that collecting judgments in Utah is not the easiest or most pleasant thing to do. But collecting judgments is all we do. If you have an outstanding judgment that you have been struggling with, we can help. Contact us and tell us what you’re thinking.
Judgment Collectors works on consignment, so you do not pay a penny if we don’t collect. You have nothing to lose and everything to gain. When you do contact us, be prepared to provide any records you already have of the case. That will help us as we move forward to collect on your behalf.
Published November 14, 2023