After all the hard work and anticipation, the case has finally ended. The judge strikes her gavel and awards you a substantial compensation. It’s at this point that the defendant pulls out a checkbook and writes you a check on the spot for the money you’re owed… if only this were the case. Simply because a judge has awarded you a certain amount of money doesn’t mean you’ll receive it right away, or ever.
Receiving the compensation you’re owed after a case has ended can be as laborious as the case itself. Depending on the party that has lost the case, they may either not have enough funds to pay you or flat out refuse to do so. If either of the scenarios occurs, you and your civil case lawyer will have to put in some extra legwork.
If your NYC hit & run lawyer has just won you a case and the defendant refuses to pay up, you have the right to schedule a hearing with the court to prove that the defendant is refusing to pay what they owe you. If their obligation can be established, you may be able to receive up to 25% of the debtor’s paycheck. There is also an option of seizing the debtor’s bank account to recoup the funds owed to you.
If it’s a company that has wronged you and now owes you money but is unwilling to pay you, you have the option of working with the police to seize money from the company’s cash register. Another option to seizing the company’s money is to garnish assets such as equipment and machinery that may be of value to you. All seizures should only be performed by law enforcement.
Most states only allow the collecting period to stay active for ten years after the decision is made. However, this period may be extended if the full amount owed to you hasn’t been paid. Numbers vary depending on the state.