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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I want to find out if filing an Acknowledgment of Assignment

Customer Question

I want to find out if filing an Acknowledgment of Assignment in the State of Florida based on a contingency contract is considered UPL? The reason I ask is due to the case stated below with website link:

Christopher J. Kahlmeyer, individually and d/b/a American Asset Recovery, Tampa, permanently enjoined from engaging in the unlicensed practice of law following a January 13 court order; it was alleged that respondent provided legal assistance in judgment recovery matters. (Case No. SC03-1934)
https://www.floridabar.org/divcom/jn/jnnews01.nsf/Articles/4CAC17E6598DBC5C852570290066AE2D
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

I need more information to be able to answer your question.

1. Are you saying that someone has been assigned the right to payment from a contingency fee agreement which is not an attorney?
Customer: replied 1 year ago.

Correct! The individual is d/b/a Asset Judgment Recovery. He basically purchases the judgment one of two ways. First option is to pay 50% of whatever is collected to the original judgment creditor. Second option is to purchase the small claims judgment for a lower amount than original amount.


 


In both cases, an Acknowledgment of Assignment is filed in the court system to "transfer all rights, title, and interest" to Joe Smith d/b/a Asset Judgment Recovery. Isn't that considered UPL in the State of Florida?


 


How else would one transfer a judgment, especially using the second option?

Expert:  Zachary replied 1 year ago.
Thank you for your response.

If he is transferring the right to be paid a judgment (as opposed attorney's fees from an attorney's fee agreement), then this is different and would not be considered unauthorized practice of law.

If he is not an attorney, he cannot share in attorney's fees, but the assignment of a judgment is not the same thing. An attorney may have a lien on the judgment for attorney's fees based on a contingency fee agreement. If the judgment creditor has assigned the judgment, then the attorney's lien interest will transfer with those proceeds.

Do you follow me?
Customer: replied 1 year ago.

The original judgment creditor completed the judgment process pro se...


 


Therefore, no attorney fees are involved with the exception of reimbursement of filing fees, interest rates, summons fees, etc.

Expert:  Zachary replied 1 year ago.
In that case, the original judgment creditor may assign it to whomever he/she pleases. And the person to whom it is assigned may also assign it. Assignments of judgments and the filing of the same is not UPL.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN

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