How to Collect Your Money After a Personal Injury Judgment
The vast majority of personal injury claims are concluded with a settlement paid by the at-fault insurer. Personal injury lawyers work hard to negotiate full and fair settlements on behalf of their injury clients because it is preferable over taking a case to trial for several reasons. When a settlement cannot be negotiated out of court, the case is brought to trial. If the judge or jury finds the defendant liable for the plaintiff’s injuries, they may issue an injury judgment that is legally binding. In some situations, the debtor either refuses to follow the court order or cannot afford to pay the amount of the judgment. The question becomes: How to Collect Your Money After a Personal Injury Judgment?
How to Collect Your Money After a Personal Injury Judgment
If the losing party in your civil suit is unable or unwilling to pay, you may need to take steps and, unfortunately, incur expenses to collect the judgment. Keep in mind that most people and organizations that are financially stable will pay judgments in order to avoid being sent to collections but there are those who actually cannot afford to pay or who flat out refuse to pay, making it very difficult to collect any money. Keep these things in mind if you are struggling to collect your jury award:
- Washington State allows post-judgment discovery through a supplemental proceeding for the purpose of locating the debtor’s assets and sources of income that can be used to satisfy the debt. This is an option within 10 years after entry of a judgment of $25 or more. (RCW 6.32.015)
- Judgments in the Washington State can be extended beyond the initial 10-year period by filing an application in the court where the judgment has been filed within ninety days of the expiration of the initial 10-year period (RCW 6.17. 020).
- You have the right to garnish the wages of an individual debtor. This can be done by scheduling a hearing with the court to prove that the debtor owes you money and has failed to make payments.
- You also have the right to garnish the bank account of an individual or business debtor. This can be done by scheduling a hearing with the court to prove that the debtor owes you money and has failed to make payments.
- If you hold a judgment against a company, you may be able to get the sheriff to seize money or other business assets. For your own protection and to avoid further litigation, seizure of assets should only be done by law enforcement or other authorized persons.
- If the person you have a judgment against files for Chapter 7 bankruptcy, you will no longer be able to pursue collection.
- If you are attempting to collect a judgment against a debtor or a debtor’s property in another state, you will need to record your judgment as a foreign judgment in that state. It is usually recommended that you file the foreign judgment in the county where the debtor lives or where the property is located.
We know how frustrating it can be to get to the end of a trial, win, and then discover that you have no easy way to collect your judgment. Know that you do have legal rights and a collection attorney in your area may be able to help.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
