Tag: Injury Lawyers
If you “win” a civil action, a jury or judge may award you monetary compensation. If a debtor fails to comply with the court’s order or is unable to pay the judgment, the debtor may be required to file an appeal. It’s likely that you’ll have to jump through more hoops and pay more money to get your judgment. Here are some ideas for those of you who have been awarded damages on how to get your money with help from Norris Injury Lawyers Clanton AL:
Judgments issued against wealthy individuals and corporations are frequently paid. The opt-out to avoid unpleasant “collection” actions and additional costs.
Collecting a judgment may be difficult if a corporation or individual debtor refuses to pay a judgment or is bankrupt (their obligations exceed their assets).
In most states, you can learn about a debtor’s income and assets through post-judgment discovery (interrogatories, demand for documents, depositions, and so on). The attorney can help you discover different assets and information about income if you do not know what would work in your case.
You may garnish a person’s earnings in order to collect a judgment against them. Many states limit the amount of money that can be garnished from a debtor’s paycheck. A court hearing must be scheduled in order to garnish a person’s income, and the debtor must be proven to have owed you money and not paid.
In a similar manner, you can seize a debtor’s bank account, which is actually a very common option in trial results.
If you have a judgment against the company, you can persuade the sheriff to seize the cash register. Businesses may have assets that can be seized, such as machinery or other equipment. Property should only be seized by law enforcement or other authorized individuals for your protection and to avoid future litigation. If you try to seize anything yourself, you can be charged with theft. This is definitely not something you want to see happen.
When a ten-year collection period expires, most states enable you to extend the judgment for another ten years. Even if they don’t have income or assets now, the person or business you have a judgment against may have them in the future.
Although you cannot collect from someone who has filed for Chapter 7 bankruptcy, you may appeal the decision.
Most of the time, you’ll need to engage a lawyer to assist you in collecting your debts. A frequent option is to pay a collection attorney a portion of the amount collected. This system means the lawyer is going to receive a percentage of how much is collected and you do not have to pay anything during the legal process.
To be executed against the debtor or the debtor’s property in the other state, the judgment must be recorded as a foreign judgment. A court cannot enforce a foreign judgment unless the debtor has “sufficient contact” with the state. Most of the time, the best place to file a foreign judgment is the county where the debtor resides or where the property is located.