Even after winning your personal injury case and the jury has awarded you compensation, you might find it difficult to collect the amount in certain cases. Most businesses or individuals who have the financial resources will pay the compensation awarded by the jury, since they want to avoid further costs and unpleasantness of collection procedures. However, some will stubbornly refuse due to various reasons.
This is why you should not spend any money until it has reached your checking account. Even if you have been given a check that money still is not in your checking account until you physically take care of this action. You should not make any verbal commitments to any family members, dealerships, electronic stores, real estate agents, cell phone providers, friends, and so on until the funds are actually in your account. If you have to tell a lie to get people off your back and keep your financial situation under wraps then that is what you have to do.
You may have to be firm with some people and tell them to leave you alone until you contact them.
Methods to Receive Payment
In such instances, you have the right to know the assets and sources of income of the other party, by asking for post-judgment discovery process. During such interrogatory, your lawyer can ask for deposition or request documents that shed light on the income or assets held by the party. You can also collect the damages awarded to you by the jury, by garnishing the income of the other party. In most states, there is a limit on how much you can garnish, and it is usually 25% of the person’s paycheck.
You also have the right to garnish the awarded compensation from the person’s bank account. If you have won a judgment against a commercial establishment or company, you can get the sheriff to seize the amount from the cash register of the company, or have the assets of the company seized for the required amount. To avoid litigation or a dangerous situation, make sure the seizing of the property is done by law enforcement or other authorized personnel.
In most states, you can collect the awarded amount within ten years of the judgment. However, if this time is not enough for recovering the amount, you can have the judgment renewed for another ten years. Hence, even if the individual or business does not have the required assets or income at present, they can be accessed at a future date, even after ten years.