How to Collect from Defendants Who Cannot Pay

Accident victims will often pursue compensation through a personal injury lawsuit if they have been injured by the negligence or recklessness of another person or entity. If a lawsuit is successful, a plaintiff can secure the compensation he or she needs to pay for expenses related to his or her accident, including medical bills, property damage, and lost wages from missed work.

Unfortunately, in some cases defendants cannot pay the damages they owe either because they have filed for bankruptcy or because they simply do not have the money. However, there are ways that you can receive the compensation you were awarded.

Securing the Compensation You are Owed

There are a variety of ways you can collect payments after winning a lawsuit. Courts will not collect the judgment amount for you after the case, so before pursuing alternative payment methods, you need to make sure the defendant has a job, real estate, or money in a bank account. The following are ways that you may be able to recover the payment awarded to you:

• Garnish up to 25 percent of the defendant’s salary, excluding those with a very low income—keep in mind that you cannot garnish any unemployment, welfare, disability, or Social Security income

• Work with the defendant to set up a payment plan over a period of months or years

• Levy bank accounts

• Get a lien on any real estate the defendant owns

There are some stipulations regarding what property you can and cannot take from defendants who owe you, so contact an experienced attorney to see what options are available to you at this time.

Contact Us

To speak with a legal representative, contact the Atlanta personal injury lawyers of Webb, Wade & Taylor, LLC, today at 770-631-1811.