Unfortunately, a lot of people have misconceptions about the way civil litigation works. They have it in their mind that they’ll take someone to court, win, and be handed a bag of cash on the same day.
Unfortunately, it’s not always that quick and easy. Collecting a judgment from an individual can be considerably more complicated than collecting from a business. Chances are they’ll resist paying and do whatever it takes to buy themselves time.
As the winning party who is entitled to their compensation, it can be incredibly frustrating not getting paid right away. If you’ve recently won a judgment and haven’t been paid yet, here are some basic tips to help you collect.
Call The Debtor Directly
The first thing you should try to get your money is to call the debtor yourself. Although it may seem absurdly simple, it really can be in many cases. Asking the defendant directly when they can pay, you will give you some kind of idea about where they stand on paying their debt.
If you determine that they are unwilling to pay and you know that they have the capability, then you should consider hiring a new lawyer. At this point, the money can be collected in one of three ways. Either by seizing money from their bank account, claiming part of the value of any real estate they own or garnishing their wages.
People who owe money aren’t usually in a hurry to pay it, even when there is a court order in their name. You’ll need to stay persistent and take daily action. Even though it may be frustrating, and you want to give up altogether, it’s essential to work actively for a favorable outcome.
Don’t be afraid to ask for help. Between a lawyer, local law enforcement, and the sheriff, you should be able to learn your rights about collecting what’s owed to you.
In some cases, the debtor may not have the money they owe you. At some point, you have to be willing to accept your circumstances and move on. As the saying goes, you can’t squeeze blood from a stone. If they don’t have the money, then it’s as simple as that.
Although you may feel like you’re on top of the world when you walk out of the courtroom a winner, you’ve only won half the battle. Discovering the hard way that you’ve likely got a long road ahead of you getting the other party to pay up can be frustrating and shocking.
Therefore, having a realistic idea of the challenges, you’ll face beforehand will help you feel more prepared for the collection process. By following these tips and staying persistent, you’ll eventually get the debtor to pay up.