Even when you "win" an accident or injury case in court, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment. Here are ten things to keep in mind:
1. Individuals and businesses that are financially stable usually pay judgments that are entered against them. They do so because they want to avoid unpleasant "collection" activities and additional expense.
2. If an individual or business debtor is insolvent, however, or stubbornly refuses to pay a judgment, it can be quite difficult to collect a judgment.
3. In most states, you can conduct post-judgment discovery (depositions, interrogatories, requests for production of documents, etc.) to uncover a debtor's sources of income and assets.
4. If the person you hold a judgment against is an individual, you can garnish his or her wages to collect your judgment. Many states limit the amount you can garnish from a debtor's wages to 25 percent of the debtor's paycheck.
5. You can also garnish the bank account of an individual or business debtor.
6. If you hold a judgment against a company, you may be able to get the sheriff to seize the money in the company's cash register. Businesses may also have machinery, equipment, or other assets that you may be able to seize.
7. The time period for collecting judgments in many states is ten years, but after that time you can usually renew the judgment for another ten years. So even if the person that you have a judgment against does not have any income or assets today, he or she may have income or assets in the future.
8. If the person that you have a judgment against files a Chapter 7 bankruptcy, your ability to collect your judgment is cut-off, like most other creditors.
9. In most states, you will need to retain an attorney to assist you with your collection efforts. You can usually hire a collection attorney on an hourly basis, or pay the attorney a percentage of the amount collected.
10. To collect a judgment against a debtor (or the debtor's property) located in another state, you will need to record your judgment as a foreign judgment in that state
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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
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