IfI have a judgment against someone and they are subsequently awarded and insurance settlement, canI intercept that settlement in order to get paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI have a judgment against someone and they are subsequently awarded and insurance settlement, canI intercept that settlement in order to get paid?
I’ve got a promissory note coming due, and I will end up going to court to get a judgment. I do not have an attorney, and I am handling this myself in small claims. I’d like to make sure I can collect on the judgment. I know this person has a civil case against an insurance company and the lawyer is confident that they will get a settlement. The settlement will be more than enough to cover the debt. But I don’t think this person will pay me anything out of the settlement if they get their hands on it first. Is there a way for me to intercept the money if I have a judgment against them?
Asked on August 31, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have money currently owed under the promissory note you mention and the debtor refuses to pay on it, then you should file your small claims court action now. If the debt is not owed yet, but will soon be, you need to file with the small claims court as soon as possible to get a court date and hopefully a judgment.
Assuming you get a judgment and the judgment debtor's civil case against the insurance company has not been resolved, you can lien the judgment debtor's civl action against the insurance company concerning any judgment that you may obtain. By liening that other case, all attoneys and the insurance company that is the defendant will be on notice of their obligation to make sure your judgment is satisfied from any settlement proceeds from the other case.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.