How Do I Collect on a Jury Award?
If you win your case in civil court, you may be awarded financial compensation by a judge or jury. In some cases, you may have a hard time getting the other party to cooperate with the jury’s instructions and pay you what you are legally due. If this happens, you may be required to incur further legal expenses to collect your money. When this happens to you, there are several things to keep in mind.
1. Financial Stability
When the person or entity that you have won a settlement from is financially stable, you typically will not have any problem collecting your award. These people do not want to be put through collection processes.
2. No Money
If you are finding it difficult to collect, it may be because there are no assets or no money for the losing party to pull from. This may make it ultimately difficult to collect your award at all.
3. Uncovering Assets
In most states, you have the ability to open discovery after you win. That means that the person or entity who owes you will be legally obligated to disclose their sources of income and/or provide a list of their assets.
4. Garnishing Wages
In most states, you have a legal right to have the wages garnished of any person refusing to pay you. You will get a maximum of 25% of that person’s paycheck. To do this, you will have to schedule a hearing with the court. In a similar way, you can garnish that person’s bank account.
5. Limitations
In most states, you have 10 years to collect your winnings. If the time runs out and you still have not been paid in full, you may be able to have the case renewed for another 10 years.
6. Bankruptcy
If the person or company you won against files bankruptcy, you will be cut off. In other words, your hopes of getting your money have vanished.
7. Your Attorney
You may need an attorney to help you secure your award settlement. This is especially true if the person who is supposed to be paying you puts their head in the sand and refuses to face reality. If you are not given your award promptly, an attorney can assist you with your next steps.
In many cases, the person or company who has lost will pay you as quickly as possible. In other cases, you will need the experience of an attorney on your side. If you need a personal injury attorney in Austin, contact our office today for a free case evaluation.