I think we are all assuming too much. I have done collections work in the past and I have found that most people do not understand how judgment liens work or what attorneys can do to collect money once they have obtained a judgment lien. Had the cyclist been properly advised when he obtained a judgment against the driver he could had had the attorney garnish the wages or the bank account of the driver as well as foreclosing on the property. I think most people who obtaine judgment liens think the money will magically appear, which I guess it would have if the bank had paid the lien off when they gave the driver a mortgage. The fact that the cyclist did not recover any of his money in the foreclosure is no indication that he was not served. It may only be an indication that he did not understand his rights in this situation or possibly he could not afford to obtaine an attorney to defend him in this action. Most people do not know that they can represent themselves in court. The cyclist is not totally out of luck because his lien also attaches to any property the driver purchases in the 10 years from the date of the judgment.
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