I’ve been awarded money for damages, how do I collect?
The entire process of an injury claim is long and frustrating, but receiving your settlement can be even more so. For some individuals, the struggle doesn’t end when the case does. It ends when they are made whole by the judgment awarded to them.
In the case of a personal injury claim, a judge may order money to be paid by the debtor to the injured party. Many times the debtor either does not have the funds needed to pay the judgment or simply refuses to do so. As frustrating as this situation may be for the injured, there are several things that can be done to help collect on a judgment.
Whether the debtor is an individual or business, an order for discovery may be made by a judge to help locate funds or assets that can be used to pay the judgment. If the debtor is an individual, and there is found to be adequate income to begin paying the judgment, a wage garnishment may be put in place. Likewise, if the debtor is a business, money may be seized by their place of business or bank account to begin paying the judgment. Although most businesses and many individuals will likely pay a judgment at the time it is ordered to avoid collection activity, some individuals and businesses do not have the available funds to do so. When this situation occurs, it is likely that you will need an experienced attorney to walk you through the collection process.
If you have questions regarding a judgment or collection of a judgment, a skilled collections attorney may be able to help. Sometimes actually collecting your judgment is more difficult than being awarded it.