Hi all

This is taking place in TN.

I have been awarded a $25,000 judgment for a fraud case. The defendant appealed the verdict, but the agreed verbally
And through his attorney (which no longer represents him) after he filed the appeal to settle the case for $14,800.
However, the defendant is not doing anything to pay, even though he has left voice mails on my phone,
Which I have saved, where he agrees to the settlement. It has now been 2 month since the court case and I have not heard from him for over 2 weeks.

I do realize that I should get a lawyer, but I was wondering if someone could tell me:

What legal ways I have as options to collect?

Can I place a Lien on his cars, home or bank account?

How does the appeal process play into this picture since he agreed to settle?

Thank you for your inputs.

Hello t:

If you have a judgment, you may attach his bank accounts, garnish his wages and lien his property. That is, unless he was awarded a stay of execution pending appeal. And, I don't know if he did or didn't.

You can try to collect yourself, you can hire a collection agent, or you can utilize the services of the sheriff. Call them up and ask them. In your jurisdiction, it might be the bailiff, or constable who is assigned that task.

In my view, in the absence of the stay I mentioned above, neither the settlement agreement nor the appeal has anything to do with your ability to collect.

excon

excon.

Thanks for your answer. Any other advice for me about how to proceed with this?
Can a lawyer do anything here or must I contact a collection agency?

What kind of rate can I expect to be charged by a lawyer?

Thanks,

Toffen.

Hello again, toffen:

Forget about the collection agency. I must have been high.

Since you already HAVE a judgment, all a lawyer can do now is what you could do for yourself. He isn't going to sue. He isn't going to write letters. He's going to get a writ of execution or garnishment from the court and take it to the debtor's bank and his place of work.

Those are things YOU can do, or as I suggested, the court (bailiff) will do it for you, and charge you only travel time. That is whom I would call FIRST.

If you absolutely don't want to do the legwork yourself, then yes, hire a lawyer.

excon

What avenues of collection are open to you depend on the nature of the offense and the locality where the fraud occurred. I doubt if you can attach or lien a personal home or other physcial assets . But salary and other cash assets would be fair game.

With the amount you are talking about, you might consider a collection agency, though they will take a big bite (probably a third).

Thank you all for your advice.

Toffen.

Apply to the court for a Writ of Garnishment. Then you can attach his wages, bank account or any other assets for payment.