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A Satisfying Win
By
David Day |
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Once plaintiffs in civil cases have judgments go in their favor, it may be
necessary to file papers to ensure they will receive payment of damages. The
best option to have available is that the judgment can be paid by an
insurance company; however, if insurance money is not available, other
options must be pursued. A writ of attachment is an order by the court that
calls for certain of the defendant's property to be taken (attached) into
custody. This property is attached to satisfy the judgment against the
defendant and may be sold at auction, if necessary to do so. It is also
possible that the defendant's wages may be garnished to satisfy the judgment
against him or her. This means that a certain portion of the defendant's
salary can be withheld by the defendant's employer to be turned over for
payment. A win in court is not sufficient case for you until the judgment has
been satisfied.
The law provides that certain types of property or wages are exempt from
attachment.
In my experience, it is best to determine how your potential judgment will be
paid before jumping into a lawsuit. If your judgment cannot be collected, you
may obtain a judgment and win the war, but lose the battle by having an
uncollectible judgment. Before incurring expenses, court cost and legal fees,
do some investigation into whether your judgment will be satisfied. |
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