Not getting paid even with the Lien on file
we have PI case that was just settled on monday. Their client owe us about $3700 and her attorney emailed us saying even after litigation there still an't enough money to pay everybody including us.
Attorney answers (1)
It is a little confusing but it sounds as if you are a provider to the plaintiff and you may bring a seperate action against the person who owes you if the proceeds did not satisfy the lein.
Generally speaking this is just some information for creditors. The key to successful collections is information about a “way to go” from the debtor. The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets it, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale. Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issues is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done. Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect. If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor. If you suspect the debtor has transferred assets subsequent to your judgment and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located. You can turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage. Good Luck and follow the FDPCA http://www.ftc.gov/bcp/edu/pubs/consumer/credit...
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