Can I Collect on My Judgment? What Are Execution and Levy?
We’ve discussed in other chapters that the presence and amount of insurance is a major factor in determining the worth of a case, as a case against an uninsured person may be worth nothing at all. Having a piece of paper saying someone owes you money, is something much different from actually having that money. There are basically two avenues to recover here. If the uninsured or underinsured person owing the judgment has income from a steady, known source, a garnishment action can be commenced. As Attorney Eric T. Kirk will tell you.
What if the uninsured person indeed has assets?
A judgment creditor may apply to the clerk of court for a writ of execution, directing the sheriff to levy upon [seize] property of the defendant. A Baltimore personal injury lawyer with an unsatisfied judgment can then request that this property be sold, and the proceeds applied against the judgment. An avenue available to a judgment debtor that has no assets may be to simply file for bankruptcy. Depending on the type of case, the debt may be subject to discharge in bankruptcy.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
