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market · Apr 16, 2008, 01:04 PM

I am the plaintiff in a civil case with a small municipality, (defendant).
The judge is about to rule in my favor, (plaintiff).
The defendant (small municipality) is offering a settlement for half of the amount in 6 quarterly payments.

1) I am concerned I will not get paid or the payments will always be late. What can I do to insure I get paid on time?

2) If the Judge rule in my favor (plaintiff), how do I make sure I get paid by the municipality?
Can they appeal and make me wait longer?

George_1950 · Apr 19, 2008, 08:06 PM

If the judge rules in your favor, you will receive a judgment for money. There is no way to insure that you will be paid on time; After all, the municipality may be or become insolvent. If you are not paid on time, file a garnishment for the amount that is owed. Make certain that you are to receive interest at the legal rate, as well as reimbursement for filing fees.

Fr_Chuck · Apr 20, 2008, 07:19 AM

This is the problem with any judgement there is no way to always be sure you will get your money, if the judge rules they can appeal to a higher court, ask for part of the money to be set aside and more.

Talking with your attorney is about the best thing you can do

excon · Apr 21, 2008, 07:04 AM

Hello M:

If you're about to win, don't settle. If you win, file for an immediate writ of attachment, and go immediately to the bank where the city has its account.

TAKE YOUR MONEY, and go to Mexico.

Yes, they can appeal, but do like the Pade said.

IF you want to make SURE you get paid, then don't settle for PAYMENTS. Settle for CASH and CASH only.

excon

ScottGem · Apr 21, 2008, 07:08 AM

I agree, if you feel you will win, do not take a settlement. However, this is not like suing an individual. The municiplaity is not going away to hide. So the likelihood of getting paid is much higher. Most likely the settlement is being offered by the insurers, not the municipality itself.

So I would wait for a ruling. If you win, but they appeal, I would then make a counter offer and see if they will setle.

JudyKayTee · Apr 21, 2008, 07:12 AM

Originally Posted by market

I am the plaintiff in a civil case with a small municipality, (defendant).
The judge is about to rule in my favor, (plaintiff).
The defendant (small municipality) is offering a settlement for half of the amount in 6 quarterly payments.

1) I am concerned I will not get paid or the payments will always be late. What can I do to insure I get paid on time?

2) If the Judge rulle in my favor (plaintiff), how do I make sure I get paid by the municipality?
Can they appeal and make me wait longer?

Parroting what has been said - I don't know why if you are POSITIVE you are going to prevail for the full amount you would settle for half.

The municipality has got to be self insured so you'll get paid. They don't want an unpaid Judgment on their bond rating (in most cases).

Unfortunately, with the exception of certain Small Claims cases, appeals can be filed and heard and can drag on; a Judgment is no guarantee you'll get your money. You have the good fortune in that this is a municipality, not an individual.