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    Thursday Next's Avatar
    Thursday Next Posts: 4, Reputation: 1
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    #1

    Nov 5, 2007, 08:38 PM
    Collecting on a default judgment
    My daughter won a default judgment against a company that made a machine she was injured using. She wants to know if the company can appeal and if not how does she go about collecting the money?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 6, 2007, 06:03 AM
    Hello T:

    Yes, they can appeal, but they only have a limited amount of time in which to file and they are required to inform you if they do.

    She may have to hire a bailiff or constable to help her collect. Ask the court clerk.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 6, 2007, 06:54 AM
    An appeal can only be filed if there was some procedural error that curtailed the loser's rights. One cannot appeal a verdict or judgement just because they don't agree with it. Of course there are loads of way to trump up an error. But the appeals courts will rule on the grounds for appeal, NOT whether the judgement was correct.

    As for collecting, she will need to go back to the court and get an order to either seize a bank account (she will need to find where they bank) or other asset.
    Thursday Next's Avatar
    Thursday Next Posts: 4, Reputation: 1
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    #4

    Nov 6, 2007, 07:27 AM
    Thank you so much. It is for 3.1 million so we are expecting them to drag their feet about it at least. She'll be happy to know they can't just say we don't want to pay and they won't have to. She's contacting her lawyer today.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 6, 2007, 07:30 AM
    Ahem. $3.1 mil?? And you are asking us? I'm sure she didn't get a award like that without an attorney. Sop yes, she should be contacting the attorney. In all aspects of this.

    Most likely the company has liability insurance to cover these things. But ifd they don't, its possible they may file for bankruptcy to avoid payment. I suspect her attorney is getting about a third of the $3.1 mil, so let him earn it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 6, 2007, 07:34 AM
    Hello again, Thurs:

    I didn't know it was for big bucks like that. A default, huh?? Sounds like they might be broke. Let's hope not.

    Your lawyer is much better positioned to do the collecting. Besides, I'm sure he has an interest in it.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Nov 6, 2007, 07:38 AM
    excon does have a point. If they allowed a default judgement to be entered, its probably because they can't pay and may just go bellyup.
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    #8

    Nov 6, 2007, 07:48 AM
    I hope not too. The factory where she worked went out of business right after this happened but hopefully the manufacturer of the metal press is still in business.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Nov 6, 2007, 07:54 AM
    Hello again, T:

    I don't know. ANYBODY you sued who DIDN'T defend themselves, or their insurance company didn't defend them, means they're broke and they don't HAVE insurance.

    No insurance company in the world is going to let a default judgment be entered against them.

    Besides, I would have thought your lawyer would have researched this stuff. You OUGHTN'T be guessing about their worth or if they're in business.

    excon
    Thursday Next's Avatar
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    #10

    Nov 6, 2007, 07:58 AM
    Hey, just asking. I just wanted to get an idea what she might be in for as far as collecting the money. Of course her lawyer is handling it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Nov 6, 2007, 08:05 AM
    Quote Originally Posted by Thursday Next
    Hey, just asking.
    Hello again, T:

    So, this was just a test, huh? Did we pass?

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Nov 6, 2007, 08:58 AM
    I have to agree with excon. Letting this go to a default judgement is very strange. I suspect the press manufacturer has "gone out of business" and sold its assets to a successor company that will resume business as a different entity. That could be why they didn't bother defending, because the entity she sued may no longer exist.
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