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-   -   If I win a lawsuit (https://www.askmehelpdesk.com/showthread.php?t=827747)

  • Sep 22, 2016, 06:47 PM
    lisa1471
    If I win a lawsuit
    After winning a lawsuit if the person I sued don't pay can I levy there account for $900.Waiting for thos person to pay its almost a month since court.
  • Sep 22, 2016, 06:58 PM
    ma0641
    There(sic) account? What account? What does it say in the court document?
  • Sep 22, 2016, 07:07 PM
    lisa1471
    This person is ordered pay for vet bills because dog fight with two other dogs.She have pay $900 ordered by court almost a month.its up to me to collect money but she's not paying.im garnishing her wages
  • Sep 23, 2016, 03:32 AM
    AK lawyer
    Levying a bank account and garnishing wages are two different things. Wage garnishment is limited to 25% or possibly less.
  • Sep 23, 2016, 04:31 AM
    smoothy
    Winning and collecting are two very different things. Winning is the easy part. If they have little or nothing and if they play games, work for cash, don't keep a bank account.. you can go through several writs before an opportunity arises.

    Friend of mine won a substantial case against a dunk driver... took over 30 years before he was able to collect a dime... and even then it was a fraction of the award, and that was from the guys estate when he died.
  • Sep 23, 2016, 05:12 AM
    ma0641
    Did they have homeowners insurance?
  • Sep 23, 2016, 06:10 PM
    ScottGem
    As you are learning winning a lawsuit and collecting the award are two different things. I would venture to say that more than half of small lawsuits go uncollected.

    Once the court rules in your favor, the next steps are up to you. YOU have find the loser's assets, their bank accounts, their home, their job, etc. Then you go back to the court and ask for a writ to attach the asset. For example a writ of garnishment to garnish their salary or a writ of attachment to attach a bank account. Once the court issues such a writ its up to you to serve it on the employer or the bank or whatever.
  • Sep 23, 2016, 07:42 PM
    Fr_Chuck
    Depending on the person and where their income comes for, what state you live in.
    You may be able to go back to court and get a order to attach their bank account. Assuming they have any money in the bank.

    And a garnish of their wages (if they work)

    But honestly most people never collect the money they win in court.
  • Sep 24, 2016, 06:01 AM
    lisa1471
    Why did it take sp long? Couldn't put a levy on his bank account?
    Or get them garnish wages

    Quote:

    Originally Posted by smoothy View Post
    Winning and collecting are two very different things. Winning is the easy part. If they have little or nothing and if they play games, work for cash, don't keep a bank account.. you can go through several writs before an opportunity arises.

    Friend of mine won a substantial case against a dunk driver... took over 30 years before he was able to collect a dime... and even then it was a fraction of the award, and that was from the guys estate when he died.

    Why is that they don't collect money they win?
    I thought I can get crom person bank account plsim and simple.I don't know where or if there is a bank account or job but courts can find out I think right?

    Quote:

    Originally Posted by Fr_Chuck View Post
    Depending on the person and where their income comes for, what state you live in.
    You may be able to go back to court and get a order to attach their bank account. Assuming they have any money in the bank.

    And a garnish of their wages (if they work)

    But honestly most people never collect the money they win in court.

    no way I thought court did all that though geeesh.

    Quote:

    Originally Posted by ScottGem View Post
    As you are learning winning a lawsuit and collecting the award are two different things. I would venture to say that more than half of small lawsuits go uncollected.

    Once the court rules in your favor, the next steps are up to you. YOU have find the loser's assets, their bank accounts, their home, their job, etc. Then you go back to the court and ask for a writ to attach the asset. For example a writ of garnishment to garnish their salary or a writ of attachment to attach a bank account. Once the court issues such a writ its up to you to serve it on the employer or the bank or whatever.

    Im asking could either be done

    Quote:

    Originally Posted by AK lawyer View Post
    Levying a bank account and garnishing wages are two different things. Wage garnishment is limited to 25% or possibly less.

    [Nj rwill it be easy for this state?

    Quote:

    Originally Posted by Fr_Chuck View Post
    Depending on the person and where their income comes for, what state you live in.
    You may be able to go back to court and get a order to attach their bank account. Assuming they have any money in the bank.

    And a garnish of their wages (if they work)

    But honestly most people never collect the money they win in court.

    [I don't know how could I fond out? I already sued though

    Quote:

    Originally Posted by ma0641 View Post
    Did they have homeowners insurance?

  • Sep 24, 2016, 06:14 AM
    ScottGem
    It looks like someone tried merging your posts and it got mangled a bit. I tried to make some better sense of it.

    Quote:

    no way I thought court did all that though geeesh.
    If you thought the court would help you collect the award you thought wrong. As I said, once the court rules its up to YOU to collect. The court will only help by issuing writs against assets, but ONLY if you can identify the assets.

    Can you describe more of what happened? I'm gathering that your dog was attacked by another dog (or 2?). Where did this happen? Did the defendant show up in court? Were they properly served? Do you know where they live?
  • Sep 26, 2016, 06:39 AM
    lisa1471
    Yes across st.no insurance informed.Live w parent don't know if other person rent or own.Yes they showed up but I won.


    Quote:

    Originally Posted by ScottGem View Post
    It looks like someone tried merging your posts and it got mangled a bit. I tried to make some better sense of it.
    Another dog involved but don't know owner.hidge still rule my favor.


    If you thought the court would help you collect the award you thought wrong. As I said, once the court rules its up to YOU to collect. The court will only help by issuing writs against assets, but ONLY if you can identify the assets.

    Can you describe more of what happened? I'm gathering that your dog was attacked by another dog (or 2?). Where did this happen? Did the defendant show up in court? Were they properly served? Do you know where they live?

  • Sep 26, 2016, 07:00 AM
    ScottGem
    It would help if you typed in full sentences so we can understand you. This is not texting where you have to abbreviate or conserve words.

    What does "yes across st." mean? Who lives with parent, the other dog owner or you? Do you have the person's address? It should have been in the court papers. In some courts, both the plaintiff and defendant are required to complete questionnaires with some personal info like address and employer. Did you have to do that? If so, did you request the court give you a copy of the other guy's info?

    And you didn't answer my question about what happened. Please describe the incident that led to the suit.

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