The cheapest way to recover money that you are owed is through a small claims court after filing a personal injury lawsuit. However, it’s not always as easy, and taking this route to recover damages comes with a lot of challenges. Most people focus on the process of filing a lawsuit but forget to think about what will happen if the defendant refuses to pay up. Winning a lawsuit means that the court ruled in your favor, it doesn’t mean that you will get paid. The good news is most defendants usually pay up, however, there are some that do not. In this article, we will discuss some of the options that you can utilize to get your money.
How to Use the Judgement to get Paid
If the defendant fails to pay up, there are many ways that you can force them to pay up. A court judgement is a court order that states who won the lawsuit and how much is owed to you by a defendant.
At the beginning of your trial, your New Bedford personal injury lawyer already determined whether the defendant is financially capable of satisfying a judgement.
Now that the defendant has refused to pay up, there are several avenues that your lawyer can use to locate the defendant’s assets.
1. Property Search
Your lawyer or even yourself can search property records within your county. This way, you can discover if the defendant owns any kind of property. You can also find assets by searching for filings made with the Secretary of State.
2. Citation to Discover Assets
You may also be able to file a citation to discover assets. The defendant will have to show up in court to declare their assets or income. You will have to pay a service fee and a fee for filing. It’s also possible for you to work out a payment plan with the defendant and the judge must sign off on it.
Certain assets such as workers’ compensation or Social Security benefits are exempted and they cannot be declared as income. Additionally, if the defendant declares bankruptcy, certain property such as their home becomes exempted.
3. Debtor’s Inquiry
When you win a judgment against the defendant, they become a judgment debtor and you become a judgment creditor. If the defendant refuses to pay, they will be called for a hearing by the court where they will give sworn testimony about the property they own and their sources of income. You can then use the information they give to pursue payment.
4. Wage Garnishment
You can also receive a portion of the defendant’s weekly wages through wage garnishment. You, however, cannot take more than 25percent of their disposable wages and if they earn a very low wage, you will face even more restrictions. In order to garnish the wages, you need to get a writ of garnishment from the court and supply it to the sheriff to execute it. The employer will then start withholding wages and forwarding them to the sheriff or directly to you.
5. Record the Judgement
Ensuring that the judgment is in public records will attach it to the defendant’s name. This means that they will not be able to sell their property without paying you first. This is a persuasion tactic and it applies pressure on the defendant to pay up..
In order to ensure that your judgment is in the public record, you should contact the county clerk and follow the instructions they give you. You might also need to pay a recording fee.
6. Seizing Their Assets
Once the court awards your judgment, it will be up to you to enforce it. The good news is that your New Bedford personal injury lawyer can do this for you. However, if the defendant does not have any money, you might not be able to collect even if you enforce the judgment. The good news is that a judgment award can be renewed. So if the financial status of the defendant changes, you might still have a shot at collecting your damages.
A New Bedford Personal Injury Lawyer Can Make Sure You Get Paid
Before you file for a personal injury lawsuit, you have to ensure that the person you are suing is capable of fulfilling a judgment. At Kevin P Landry Law Offices, we can not only search for any assets that a defendant has, but we can also use different options to recover your money. Contact us today at 508-999-0800 and we will evaluate your case for free.
