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Getting the Judgment Paid
By
David Day |
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Plaintiffs who win civil court cases should generally not expect to receive
payment of any judgment before 30 days after the court has issued its ruling
and that ruling is filed with the court clerk's office. If the case is filed
in general sessions court, the time period is generally 10 days. That is
because each side generally has 10 days in general sessions court or 30 days
in circuit or chancery court to appeal their case. In circuit or chancery
court cases that are appealed, the judgment must be paid, or else additional
legal action can used to collect the judgment. One exception is that the
defendant can post a bond for the amount of the judgment and stop collection
action. If a general sessions court case is appealed, an completely new trial
takes place in circuit court. If there is no appeal, and the defendant has
insurance, generally, the insurance company will make payment of the judgment
amount. If there is no insurance, the plaintiff must take additional action
to collect. It is generally a good idea for the plaintiff to send a copy of
the judgment to the defendant (or their attorney if they have one) with a letter
demanding payment. If the amount of the judgment is considerable, the
plaintiff may want to consider allowing the defendant (in writing) to pay in
installments. Under Tennessee
law, in certain circumstances, the defendant can ask the court to allow him
or her to pay the judgment by installment. If the defendant refuses to pay,
the plaintiff may return to court and request an execution, which entitles a
law enforcement official to attach property belonging to the defendant, or to
garnish wages. This course of action is facilitated by the fact that the
defendant is required by the court to fill out a form listing all of his or
her assets at the time that the judgment is entered against him or her.
In my experience, when a defendant has no assets other than his income, the
better action is to try and work out a repayment plan. If this is not
practical, or the defendant defaults, the only real option for the plaintiff
is to consider an execution. Unfortunately for many plaintiffs, the defendant
finds a bankruptcy attorney soon after obtaining any sizeable judgment. The
possibility of a defendant's bankruptcy as well as the difficulty of
collecting any judgment should be weighed carefully before incurring
significant legal expenses in any lawsuit. |
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