Judge awarded me $ for injury on construction site. Defendant was a no show how to proceed.?
Judgement filed last week what is my next step. My lawyer does not do collection, says he will reccommend one to me. Can I try to collect on my own. What is next step. Judgement was for $90,000 and lawyer says good luck trying to recover. I paid him nothing why would he not want to recover? Why did he say I might not ever collect?
- wizjpLv 71 decade agoFavorite Answer
How do you get blood from a stone? He has to have it for you to get it. Judge will advise how to file lien for judgement and what collection is available; give it about 6 months, then hire a professional
- 1 decade ago
Number one: your lawyer is obligated to give you a better answer than that. The American Bar Association's rules of professional conduct make it a duty for lawyers to communicate things like this to their clients.
Number two: now that you have a default judgment, your lawyer should be doing the work of collecting on the judgment for you. If this lawyer will not do it, there are several lawyers who focus their practices solely on these issues. What I recommend to you is that you contact your state or county bar association (you can do so even by sending an email from their website--just google "your state" bar association and it should come up). Or, feel free to call the main number for your state's bar association--lawyers love to give referrals.
Number three, you asked why your lawyer said you may not be able to recover. The answer is that the defendant just might not have the ability to pay the $90,000 judgment. But, here are some tips. Depending on how you got injured on the construction site, you may be able to collect against the defendant's insurance. If that doesn't work, you should know that you can transform your judgment into a lien (like what the IRS can do to you if you don't pay your taxes). You can attach your lien to the defendant's property, including commercial vehicles, bank accounts, accounts receivable, etc. You can even have the sheriff execute your lien for you.
Hope this helps.
- wcowell2000Lv 61 decade ago
You need to find a professional collection company. They can hound him, review and hopefully take money from his bank accounts, seize vehicles he owns, etc...
Just depends on the laws of your state.