I was awarded default judgment against my former employer based on the discrimination I suffered. However, my attorney has not been aggressive in collecting the money for me. Is it possible for me to collect the money by myself and what is the process? How would I know if my former employer has insurance that can pay on their behalf? Can my attorney stop me from collecting the default judgment by myself because of attorney's contingency fees? I suffered a lot of discrimination, work place hostility and harassment. I'm suffering more by my attorney's nonchalant attitude even though my former employer still have their business running and making profits. I would appreciate any assistance. Would an employment discrimination attorney be interested in this type of workplace discrimination?
The retainer likely provides a lien on any recovery. Thus, even if you recover money your attorney can claim they have a lien on the money for their contingency fee. Collecting on a judgment is not an easy do it yourself project. It is complicated. What I suggest is if you are unhappy with your attorney tell him or her and if that is not successful then retain new counsel to handle the collection stage.
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Odds are your attorney is allowing sufficient time to pass so that your employer will not be able to simply walk back in and reopen the default judgment.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.