How do I collect on a law suit judgement?
February 21, 2011 4:50 AM   Subscribe

How do I collect on this lawsuit?

I am awaiting the results of a default judgement in a law suit. There is no reason why I shouldn't win this judgement.
The issue then becomes how do I collect? The defendant already has two liens on his home and is "self employed" so there are likely no wages to attach.
Am I never going to see this money again or are there other options to collect?
posted by Thrillhouse to Law & Government (8 answers total)
 
Your lawyer might be able to ask the judge to word the order in a way that allows it to be attached to a bank account or a future job. Not sure. Something along the lines of "5% of whatever this guy takes in is yours until judgment satisfied."
posted by gjc at 5:22 AM on February 21, 2011


I know there are options to take his tax refund - however, if he's self-employed he likely doesn't get one.
posted by kpht at 5:39 AM on February 21, 2011


Thrillhouse: The defendant already has two liens on his home and is "self employed" so there are likely no wages to attach.

If the defendant has no assets, he may be judgement proof, in which case you are just out of luck.
posted by DarlingBri at 5:42 AM on February 21, 2011


Two words: judgment proof. I currently represent a client who may actually have some liability for the torts of which he is accused, but he's completely flat-ass broke, so the plaintiff's attorney is likely to just drop the thing since we're representing him pro bono and don't care how long the thing takes to fight.
posted by valkyryn at 5:42 AM on February 21, 2011


yeah, what they said. A good attorney should have investigated assets before spending a lot of time trying to get a judgement. You said "default judgement," so hopefully not a lot of time and money was spent.
posted by randomkeystrike at 8:14 AM on February 21, 2011


Article on this
posted by ClaudiaCenter at 10:21 AM on February 21, 2011


Tell me more about the defendant. Does he own a business, have any other assets?

Liens are great. It doesn't matter how many liens are on a property as long as the amount of the liens are less than the price of the property.
posted by hal_c_on at 11:22 AM on February 21, 2011


Hal,
The defendant bought my business. He is currently running it, though his level of success is questionable.
He does, however, own a sole-prop business that is quite successful. He rolled my business into that one.
I don't know about any other assets. I know he owns his own home.

My understanding is that the liens only get paid if the equity in the house is greater than the liens.

Claudia, THank you got that link. I'm going to go read it now. As for being judgement proof, I really hope thats the case. The attorney is a friend of mine and I've been doing a lot of the legwork.
posted by Thrillhouse at 2:07 PM on February 21, 2011


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