Are You Waiting for Payment on a Judgment? Part 1
After waiting far too long to receive a payment from a contractor or a property owner, you decide it’s time to take legal action. You contact a Jacksonville construction lawyer and she successfully defends your right to payment. You receive a judgement. In the weeks after the judgement, the feeling of satisfaction erodes as you continue to wait for payment. You may find yourself saying, “why have I not been paid? I thought I won the case.” You did, but a judgement doesn’t automatically mean that you are going to get paid.
This scenario happens all too often. A plaintiff wins a judgement but the defendant doesn’t adhere to the judgement and the plaintiff is left waiting to get paid. This happens because a court can determine if your are owed money but they don’t automatically mandate a payment to be rendered. The plaintiff is responsible for getting the money. Luckily, there are a number of methods for getting the money you're owed.
Your Options for Collecting on a Judgement
Collecting on a judgement may require extra time and effort on your part, but there are several options that a Jacksonville construction attorney can help you employ. This includes:
If it’s a company that you are collecting from, you may be able to seize assets such as equipment or inventory. If the defendant is an individual, personal property can be seized such as cars and boats. To accomplish this, you will need to file for a writ of execution. This is a judicial order stating that a judgement should be enforced. This order can allow for a law enforcement officer to physically seize a defendant’s property so that it can be sold to pay the debt.
Bank or Wage Garnishment
If you can identify a bank account from the defendant, you can request that a court orders a bank garnishment. By doing this, money in this account would go to you. The key to receiving a bank garnishment is locating the defendant’s account. One way to do this is by locating any checks you’ve received from the defendant. Assuming the account hasn’t been closed already, you’ll have all the information you need. Otherwise, this information can be gathered in a deposition. In order to garnish the defendant’s wages, you must file an earnings withholding order.
To request a consultation with a Jacksonville construction litigation attorney, please call us today at 904.425.5030 or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.