what can a judgment creditor do to collect money owed
Greenville, SC
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Posted 11 months ago in Car / Auto Accident
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Auto accident:
I recently received a judgement for damages from an auto accident from an out-of-state self insured trucking company through an arbitration hearing in my home county. I asked the clerk of court when I should expect the money as 2 months have passed. They informed me that technically the company doesn't have to ever pay. What should I do from here? Can a company operated in SC and not pay traffic damages when they occur?
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Answers (1)Alejandro Rafael Lopez
This attorney is licensed in Florida.
Posted 11 months ago.
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Please do not take my answer as direct specific legal advise to your situation or case. You should contact a judgment collections lawyer in South Carolina, since I do not have a license to practice there, but only in Florida. Because I am not your lawyer and I am not licensed to practice in Sout Carolina my answer is only general information to your question.
Once you obtain a judgment, as you have done, you must "execute it". This means that there are some additional legal steps and processes to follow for you to be able to collect your monies if the company still refuses to "satisfy your judgment" (that is, pay you). These involve going to court to obtain a "writ of execution" which is a document telling the Sheriff to go to the company to confiscate its assets (bank accounts, trucks, furniture, etc.) and to sell the items at an auction, pay the costs of the sale and the Sheriff's costs, and give you the remaining of the monies to satisfy (pay) your judgment. The clerk of court cannot give you legal advise, since they are not lawyers. Because I am not a South Carolina lawyer, I cannot give you legal advise either, but only let you know that only obtaining the judgment is not enough and that you need to see a South Carolina lawyer dealing in collections to help you proceed further in court to the point of obtaining the proper documents to send the Sheriff to get your money, in a legal manner, from the company. Hope the answer helped. Alejandro R. Lopez, Esq. Law Office of Alejandro R. Lopez, P.A., Orlando, Fla. office Licensed to practice in Florida only 2996 Edgewater Drive, Orlando, Fla. 32804 Ph.: (407) 649-1404
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