How Do I Collect Money After a Judgment?
Madison Law Firm explains how to collect your judgment
Seeing a case through trial requires patience and energy. When you get a verdict and win a judgment against the defendant, you will rightly feel like celebrating. But the hard work and time you put into your case has not ended just yet; you still have to collect your judgment. If the defendant does not pay voluntarily, you will need to take steps to recover the money owed to you.
First, Talk to the Defendant
Ideally, you can just receive your judgment amount without having to start a new fight. If the money comes from the defendant’s insurer, that company will have a process to pay out. If the defendant is paying personally, he or she may be able to provide payment right away and let you both move forward. But if the person is either unable or unwilling to pay what he or she owes, you have additional options.
One way to obtain payment on a judgment is to file a garnishment. You can garnish the person’s bank account, other financial assets, as well as from people who owe the defendant money, to get to funds the person already has or will have. Alternatively, you can file for garnishment of the person’s wages. This requires a certain percentage of that person’s paycheck to be directed to you until the judgment is fully paid.
Writ of Execution
A writ of execution allows you, through the court and the sheriff’s office, to seize property from the defendant to pay for the judgment. The defendant can claim exemptions on some property, and this is at times a complicated process. But it can provide a way for you to be made whole if the defendant is unable to pay out on the court’s judgment.
You’re Almost There
After your trial, waiting longer to get the money the defendant owes can be frustrating. At the Madison Law Firm of Eisenberg Law Offices, we will help find the most effective way to collect your judgment, and work with you to help you get the money you deserve.