When a person wins a civil lawsuit how are they paid if the defendent cannot pay right away?
Answer
Usually the person who is successful in the lawsuit will have a judgment prepared against the losing party and have it docketed in the County where the case was venued. The successful party has the ability to pursue supplemental proceedings which can include the person who owes the money appearing before a court commissioner with information as to his/her assets and employment information, which can then be used to pursue garnishment and/or attachment of assets in order to obtain money to satisfy the debt and judgment. It is best if some type of payment arrangements can be agreed to between the parties, however, if that is not successful, then the garnishment and attachment is the other alternative. In some instances, the responsible party may be able to file for bankruptcy, which can cause the entire debt to be discharged in the bankruptcy proceedings.
No comments:
Post a Comment