When you have been injured or suffered damages and been awarded a judgment, in an ideal world, you will receive what the court has ordered the opposing party to pay you in full, and you could move on with your life. Unfortunately, this is not always the case, and in many instances, parties that have lost a judgment will do all they can, which sometimes is absolutely nothing, towards paying their debt to you. When this happens, you could use the assistance of an experienced judgment enforcement lawyer who knows how to move your judgment from a court order to money in your pocket.
The attorney that got the judgment for you was likely terrific and knew exactly what they were doing, but judgment enforcement is a unique area of law, and you might be putting your judgment at risk by going with an attorney who does not have experience working judgment enforcement cases. Attorneys are like doctors, and in the same way, you would not go to a foot doctor for an eye issue, you would not go to a real estate lawyer to help on your judgment enforcement case.
One of the experienced judgment enforcement attorneys from Varcadipane & Pinnisi is standing by to answer any questions you might have, and read on to learn more.
If you have a judgment that has not been paid, we are here to help you collect. We have experience successfully helping clients, both individuals and businesses, in all phases of the debt collection process, including both pre- and post-judgment collection. We work on the recovery of all types of debt, including:
Our firm will work on your behalf to locate assets of the debtor, review court filings, and issue executions while keeping track of the timetables associated with your judgment, so you stay ahead of deadlines. There can be a considerable amount of disappointment and stress associated with the situation that brought you to a lawsuit or claim to collect, and not being able to get what you are owed adds more difficulty to the situation. Your debt enforcement attorney steps into your shoes and handles all communications and negotiations with the court, the opposing party, and any other related individuals to get you what you are entitled to.
If you have been successful in a case or claim and have been awarded a judgment and haven’t been paid, the first step is to send a “Writ of Execution” to the New Jersey court. The form must be filled out completely and correctly, with the proper documentation provided, to get the process moving. Depending upon what kind of docket number your case was assigned, you may have to send your Writ of Execution to the Civil Division Manager in the county in which your case was originally filed. There is a discovery process through which you can collect information from the debtor to determine if they have the assets to pay you, and if so, to seek out an answer as to why you have not been paid.
Moving through the process of collecting a judgment can take time and requires a significant amount of paperwork. Without legal experience, mistakes can be made during the Writ of Execution phase that can delay your ability to collect upon your judgment. Working with a New Jersey judgment enforcement attorney ensures that the process is completed correctly and as quickly as possible so that you can get moving on collecting what you are owed. Given the way the courts are moving with the pandemic, with each mistake and related delay, you could be looking at months or even over a year before getting to the next stage in collecting.
To move forward with a Writ of Wage Execution, you’ll need to determine who your debtor’s employer is and submit to the debtor and their employer a Writ of Wage Execution form. Getting this filed requires that you have your accurate “judgment amount” from the verdict or settlement, alongside your pre-judgment court costs and any applicable attorney’s fees provided for through statute. Knowing what you are entitled to can be difficult to determine without knowledge of the law and experience in prior cases. Your judgment enforcement attorney can help advise you of the best options to pursue the collection of your judgment, and your costs may be covered by the other party due to statute.
Even if you won your settlement or judgment without the assistance of an attorney, a judgment enforcement attorney by your side as soon as possible once you are unable to collect will support the speedy collection of what you are owed. In many instances, the cost of your attorney will be required to be paid by the debtor. You have already won a judgment, and you are entitled to receive what you are owed. If you have to hire an attorney to collect it, you likewise should not have to pay for the attorney.
If you have an unpaid judgment, you have costs that you need resources to cover the compensation for. We use the following strategies to collect what you are owed:
Through these methods and more, we are able to identify what assets your debtor has available, why and how they could be capable of paying, and employ the power of the court to ensure that they follow through. Collecting your judgments needn’t be a lengthy and stressful process, with your debt enforcement attorney taking the trouble out of your hands so you can put what you are owed into your pocket.
Reach out to one of the experienced judgment enforcement attorneys from Varcadipane & Pinnisi to schedule a consultation to discuss how we can help you.
Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (800) 616-2916
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