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.