I won my lawsuit, now how do I collect ?

Law is no less than a vicious circle. Once you file a case, the game starts. First you try to win the case, and then if you succeed the next question is how do I collect my lawsuit? These questions are often searched on web but hardly a clear answer is found. But through this article, we make sure that one gets enough knowledge on this subject.

First of all, after winning the case get “writ of execution” from the court to proceed further in collecting the lawsuit. Now you will have to identify all the assets of defendant and then fill in the writ of execution those assets which you would like to be used for getting a recovery and submit it to the sheriff. Once the sheriff executes his judgment, you can proceed further.

  1. The easiest and perhaps the first step that you, being a plaintiff, need to take is, simply approach the defendant. Sometimes a mere friendly approach can get you your lawsuit. Not every defendant is a problematic defendant. If you are lucky enough, you will not need to execute a plan to recover your lawsuit.
  2. If the debtor is not willing to pay the amount, the easiest approach is to get hold on his liquid assets first like banks etc as the procedure is properly governed by rules.
  3. If you are unlucky and the debtor has got hardly any liquid assets then you will need to attack his less liquid or perhaps fixed assets to recover your money. If you are desired of quick payment, try selling his cars, furniture, and property.
  4. Sometimes what happens is you win the case but that might not be enough because you can’t do anything if your debtor doesn’t possess the amount that is decided by the court as a lawsuit he needs to pay. It might not be a good idea to spend your own money in order to get a recovery from him. So it is better you make a settlement and take a less amount and get yourself out of this vicious cycle in order to avoid any further nuisance.
  5. Some debtors are really clever. They have got secret possessions and properties which you will never know. If the amount is quite high and they are trying to back out by declaring themselves bankrupt, try keeping a check on them. Sometimes it helps a lot by getting you some quality information which can be of great help.
  6. Don’t take any decision in a hurry, it can ruin everything. Even if you decide to sell of debtor’s assets, do it only after making proper evaluations so you can get maximum and suffer minimum losses.
  7. Some plaintiffs are so unlucky that they are unable to recover their money even after they have tried all the possible tactics. This is because the debtor is quite troubling. If you are also one of that unlucky people who is unable to collect the lawsuit and also a certain time has passed then the only option you are left with is filing a case again in the court of law.