What Every Business Owner Should Ask a Judgment Lawyer Before Moving Forward

Securing a judgment is only half the battle. For business creditors—especially merchant cash advance (MCA) funders and commercial lenders—the real challenge often lies in turning that judgment into actual recovery. That’s where a skilled judgment lawyer comes in.

Before engaging legal counsel, however, you must know what to ask. The right attorney should not only understand judgment enforcement but also be equipped to pursue evasive debtors, uncover hidden assets, and use aggressive, business-focused legal strategies to recover what your company is owed.

These are the must-ask questions before moving forward with a judgment attorney:

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1. Do You Represent Businesses or Individuals?‍

This is the first and most important question. Not all judgment attorneys are built the same; some focus on consumer claims or individual disputes, while others specialize in high-value commercial collections.

This distinction matters because commercial judgment enforcement often requires more aggressive strategies such as:

• Piercing the corporate veil
• Investigating fraudulent conveyances
• Using court orders like restraining notices and subpoenas
  

An attorney experienced in business-to-business (B2B) disputes will know how to navigate complex debt structures and asset protection schemes.

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2. What Enforcement Tools Do You Use After Securing a Judgment?

A judgment that sits idle is useless. Your attorney should clearly outline the post-judgment enforcement tools they’re prepared to use, including:

• Bank restraints and property liens
• Debtor examinations
• Subpoenas for asset discovery
• Contempt motions
• Turnover orders
  

Ask whether your judgment attorney is familiar with Article 52 of the CPLR in New York, which governs judgment enforcement procedures.

We routinely use every available legal mechanism to locate, freeze, and recover debtor assets after judgment.

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3. Can You Help Pierce the Corporate Veil?

This is essential for businesses trying to collect from debtors who hide behind LLCs or dissolve entities post-default.

An experienced judgment attorney should know how to:

• Identify “alter ego” relationships between related companies
• Prove fraudulent transfers
• Hold officers or successor companies liable

If your debtor is engaging in evasive conduct, ask the attorney whether they’ve successfully handled veil-piercing or successor liability claims.

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4. How Do You Locate Hidden Assets?

A judgment is only as valuable as your attorney’s ability to find and seize assets. Ask if the firm:

• Uses third-party subpoenas
• Conducts post-judgment depositions
• Works with forensic accountants or investigators
• Tracks down affiliated shell companies
  

At David I. Mizrahi Law P.C., we combine deep litigation experience with investigative techniques to uncover debtor fraud, including hidden bank accounts and asset transfers.

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5. Have You Worked With Merchant Cash Advance Funders?

MCA funders face unique challenges—defaults can escalate quickly, and evasive tactics are common. Your judgment attorney should be familiar with:

• MCA contract structures
• Confession of judgment enforcement
• Rapid asset transfers
• Jurisdictional enforcement
  

Our firm has represented many MCA funders and understands how to translate judgments into recovery even when debtors are operating in multiple states or shutting down entities.

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6. Can You Enforce Judgments Across State Lines?

If your debtor moves assets or operations to another state, you’ll need a judgment attorney who can domesticate and enforce your judgment in other jurisdictions.

Ask:

• Are you licensed in multiple states?
• Do you partner with out-of-state counsel?
• Have you handled cross-border enforcement?
  

Judgment enforcement is often a multi-jurisdictional game; your attorney should be ready to play on a national level.

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7. What Is Your Fee Structure?

Judgment enforcement can be unpredictable. Ask upfront:

• Do you charge hourly or contingency?
• Are there upfront costs for filing motions, subpoenas, or depositions?
• Can fees be recovered from the debtor?
  

We offer flexible fee arrangements based on the scope and complexity of the case and we’ll always be transparent about what you can expect.

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8. Will I Receive Regular Case Updates?

Judgment enforcement can take months. You’ll want to work with a lawyer who provides regular updates on:

• Asset discovery status
• Filed motions
• Court appearances
• Settlements or negotiations

Communication is key, especially when timing affects your ability to recover funds.

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9. What Is Your Success Rate?

It’s fair to ask about the attorney’s track record. While no one can guarantee results, a skilled judgment attorney should be able to discuss:

• Recent successful recoveries
• Strategies that worked in similar cases
• How do they measure success for their clients
  
  

10. What’s the First Step If We Decide to Move Forward?

Finally, ask what happens next. A strategic attorney will guide you through:

• Reviewing the judgment
• Gathering debtor intel
• Filing the first enforcement action
  

We begin every judgment enforcement case with a tailored asset recovery plan designed to match the business’s goals, judgment size, and debtor behavior.

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Strategic Enforcement Begins With the Right Questions

Choosing a judgment enforcement attorney isn’t just about credentials—it’s about finding a legal partner who understands the business, the debtor, and the strategy required to recover your money.

At David I. Mizrahi Law P.C., we exclusively work with business clients—not individuals—who are owed money by other businesses. Our firm has successfully helped MCA funders, lenders, and commercial creditors turn judgments into recoveries by leveraging every tool available under the law.

If you’re ready to stop chasing and start collecting, let’s talk.

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Frequently Asked Questions

Do you only represent MCA funders?

We work with different types of business creditors, including commercial landlords, lenders, and suppliers, but we place a strong focus in the MCA space.

Can you help with old judgments?

Yes. In New York, most judgments are valid for 20 years and can still be enforced if strategically handled.

How long does judgment enforcement take?

It depends on the debtor's behavior and available assets. Some cases resolve in a couple of months; others may take more than a year.

What if the debtor hides assets in another company?

We’ll pursue veil-piercing and fraudulent transfer claims to hold related entities or individuals accountable.

Do you handle nationwide enforcement?

Yes. We enforce judgments across multiple jurisdictions, especially when debtors move or hide assets out of state.