What do I do if they do not give me the amount due? 35 Answers as of June 23, 2013

The court ruled for my favor and instructed my neighbor to pay me $5000 for my medical bills and additional compensation. It has been three months but I have not received anything from them. What do I do if they do not give me the amount due? Should I take them to court again?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
If you have a judgment against your neighbor, your neighbor did not appeal the court's order and if your neighbor does not voluntarily pay then you have various options to try and collect the money awarded. These include, but are not limited to: garnishing your neighbor's bank account; garnishing your neighbor's paycheck; having the sheriff seize and sell some of your neighbor's property. Some of these you do not need to go back to court for, assuming you know the information such as where your neighbor works or banks, while others you do need to go to court and get an order. As this topic is "Personal Injury" and not "Collections" I am not going to go into the specifics of how to do these things. You should consider hiring a collection attorney to try and collect the judgment.
Answer Applies to: Nebraska
Replied: 3/5/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
You need to collect on your judgment. The court will not do it for you, but a collection attorney like myself can help.
Answer Applies to: Michigan
Replied: 3/5/2012
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You then execute on the judgment.
Answer Applies to: Iowa
Replied: 3/5/2012
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You must "file the judgment." If you represented yourself, you should call the court that issued the order and ask them how to do this. Otherwise, you should call your attorney. If the judgment is already filed, you may have to hire a collections agency to get the money for you. It is possible that your neighbor filed bankruptcy, but if he/she did you should have received notice from the bankruptcy court.
Answer Applies to: Missouri
Replied: 3/5/2012
Salladay Law Office | Lance Salladay
In order to collect on a judgment there is a specific procedure that needs to be employed. It involves the issueance of a Writ of Execution or a Garnishment- these are technical documents, and after they are completed the county sheriff's services are enlisted to get the Writ's served on the appropriate party. You are best served by having an attorney assist you with the process.
Answer Applies to: Idaho
Replied: 3/2/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Just because you got a judgment does not mean you get paid automatically. You have to go collect on the judgment by garnishing wages, bank accounts, filing liens on property owned by the Defendant etc.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    You should have received a judgment after the court ruled in your favor. A judgment is simply an IOU signed by a judge. It is then up to you to turn the judgment into money, and that can be much more difficult than getting the judgment in the first place. If payment is not made voluntarily, you have to pursue collection remedies, such as garnishment, tax refund intercept, execution (not killing him, but getting an order to take the neighbors personal property and selling it). At this point, you probably need the help of a collection attorney.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Goodman & Goodman PA | Bruce Elliott Goodman
    There are many different ways to attempt to satisfy a judgment.
    Answer Applies to: Maryland
    Replied: 6/23/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Collecting a judgment is a somewhat complicated process. You may actually need the help of an attorney who does debt collection work. You must send an execution to the sheriff. If the Sheriff finds no property to confiscate to apply t your judgment, the sheriff returns to you a document called a nulla bona. When you get this, you can apply for an order of the court requiring the judgment debtor to come to court with his/her financial records, and you can examine him/her under oath as to assets. If you discover any assets that are not exempt from execution, the court can order that these assets be sold. If the judgment creditor owns property, you might wan to wait. The judgment is good for 10 years. If he/she ever refinances the property or sells it, he/she must satisfy you judgment as the judgment acts as a lien against the real estate.
    Answer Applies to: South Carolina
    Replied: 3/2/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Have the sheriff execute on the judgment. See sheriffs office or clerk of court for proper fill in the blanks form.
    Answer Applies to: North Carolina
    Replied: 3/2/2012
    The DeRose Lawfirm | Peter J. DeRose
    There are methods for collection of judgments in Michigan. You should hire a competent lawyer who will collect the judgment for you. Also note, a judgment is valid for a specific period of time. If not collected in that time period it may be lost. Get yourself an experienced attorney.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Each State has procedures for Enforcement of Judgments. Check your local statutes, call a lawyer, or get a collection agency to do the collecting.
    Answer Applies to: Washington
    Replied: 3/2/2012
    Ezim Law Firm | Dean Esposito
    Assuming the court's ruling was reduced to a written judgment, you could file the judgment with the court's mortgage and conveyance records department and it will act like a lien against his property. You could garnish his wages or seize assets like bank accounts to satisfy the judgment.
    Answer Applies to: Louisiana
    Replied: 3/2/2012
    Attorney at Law | Ernest Krause
    Contact the court clerk and say you want a date for an Order of Examination. The neighbor has to show up and answer questions about all the assets he has.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    If the defendant hasn't paid or filed an appeal within 30 days of the judgment, you should file a motion for periodic payments or filed a petition for a writ of execution, which you send to the sheriff's office and they in turn serve on the defendant and demand payment.
    Answer Applies to: New Hampshire
    Replied: 3/2/2012
    Law Offices of George H. Shers | George H. Shers
    You need to get a formal judgment from the court and then file it as a lien with the county against their property so that they can not sell it without paying you. You should read some books on liens and creditor remedies [Nolo Press has some] to get a better, more detailed idea of what to do.
    Answer Applies to: California
    Replied: 3/2/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If you received a judgment in your favor, you now have to collect it. There are ways to garnish wages and bank accounts once you perfect the judgment. There are lawyers who do a lot of collections work and they could probably help you. If you don't want to hire a lawyer, go to the court and ask the clerk if there are forms you can use.
    Answer Applies to: Florida
    Replied: 3/2/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    You will need to enforce your judgment by executing on their assets or garnishing wages and bank accounts.
    Answer Applies to: Nebraska
    Replied: 3/2/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    The court can issue a Writ of Fieri Facias which allows the holder of the writ to seize the Defendant's property. You can also record the judgment on the General Execution Docket which effectively liens up any real estate the defendant owns in that county. There are other things that can be done as well. Collection of judgments is a specialty in the practice of law. I suggest you hire an attorney for this rather than try to do it yourself. If you do it yourself and screw it up you may subject yourself to liability.
    Answer Applies to: Georgia
    Replied: 3/2/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Get a writ of execution and contact a credit agency to collect for you. They will charge up to 40% but it is worth it to let them try to track any assets you can execute upon.
    Answer Applies to: Montana
    Replied: 3/2/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The hardest part of a law suit is collecting. You only have a judgment. You probably need to do an examination to locate their assets and levy on the bank accounts and attach wages.
    Answer Applies to: California
    Replied: 3/2/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    At this point, you are left with filing a garnishment or executing on the judgment yourself. Tough waters to navigate without professional help.
    Answer Applies to: Missouri
    Replied: 3/1/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You need to execute on the judgment. Attached assets, restrain bank accounts, liens on real property, etc. If done correctly, the sheriff can start seizing assets and make things pretty uncomfortable for your neighbor.
    Answer Applies to: New York
    Replied: 3/1/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends if insurance or individual. If insurance company, call them. If individual, you might have to file lien or garnishment paperwork.
    Answer Applies to: Alabama
    Replied: 3/1/2012
    Bruce Plesser | Bruce Plesser
    File a judgment and execute on the judgment.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    It gets a little complicated. You have to prepare a judgment-roll and have it filed with the County Clerk. Then an Income Execution has to be prepared and sent to the Sheriff's Dept. If you know where he does his banking, you can serve a restraining notice and then get an Order of Seizure. You can also serve an Information Subpoena and hold a deposition.
    Answer Applies to: New York
    Replied: 3/1/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    If your neighbor is employed, you can garnish his/her wages (with some exceptions). If your neighbor has a bank account, you can garnish the bank account (again, with some exceptions). You can get a certificate of judgment from the court clerk and record it in the probate records of the county, thereby putting a judgment lien on any real estate owned by your neighbor in the county. Those are some of the basic ways to collect a judgment.
    Answer Applies to: Alabama
    Replied: 3/1/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can get judgment liens again property, bank accounts and wages. You may need an attorney to help with that or if in small claims the clerk may be of assistance.
    Answer Applies to: Connecticut
    Replied: 3/1/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    This is a collection issue, not a personal injury issue.
    Answer Applies to: Michigan
    Replied: 6/19/2013
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You may want to retain a lawyer to reopen your case to show that the court's order was violated or not followed.
    Answer Applies to: Indiana
    Replied: 3/1/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No, you should have been given a judgment and if you take that judgment to a collections lawyer, then he or she may be able to execute on that judgment and make a recovery for you.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You have to enter a judgment and then execute on it. If you know where the neighbor banks, you will be able to restrain his bank account and have the Sheriff seize the money. Contact the court for the paper work if you don't have a lawyer.
    Answer Applies to: New York
    Replied: 3/1/2012
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney