The judge or jury ruled in my favor. What happens next?

A ruling in your favor by judge or jury in a civil case does not necessarily end the lawsuit. Once a ruling is handed down, the losing party has a right to appeal. The loser must file a written notice of appeal generally within 30 days of the ruling. If this happens, the case goes to an appellate court for review. If a case goes to an appellate court, the underlying facts of the case are not retried. Instead, the appellate court looks for errors in the finding of facts or the application of the law by the trial court. If it finds errors, the appellate court can return the case to the trial court to have the errors corrected or it can dismiss the case altogether. If it finds no errors, the appellate court will enter the judgment as rendered by the trial court.

What takes place after the appeal process? 

Once the appeal process has ended, the judgment becomes final. If you are the defendant and you won, no further action will be taken against you. If you are the plaintiff and you won a monetary award, you have a right to have the judgment satisfied. You can try to settle the judgment with the defendant by having him pay you the money you are due. If he does so, you then will file a formal written satisfaction of judgment notice with the court.

What if the defendant refuses to settle the judgment?

In the event the defendant refuses to settle the judgment, you have the right to execute it. Execution of the judgment is a way of collecting the money from the defendant even when the defendant is unwilling to pay. To do so, you file a written request for satisfaction of the judgment with the court. In this case, the court will issue a writ of execution to the sheriff or other authority in your area to allow the seizure of the defendant’s property in order to satisfy the judgment.

What forms of property may be used to satisfy the judgment? 

Property subject to seizure in order to satisfy a judgment can include personal property such as bank accounts and even automobiles and other belongings of the defendant, although these items are generally not desirable due to their limited value. Real estate cannot be seized by a judgment creditor. However, it can have a lien placed against it so that when it is sold, proceeds from the sale can be used to satisfy the judgment. Sometimes, the fact that there is a lien on the real estate of the defendant will cause problems, such as preventing the defendant from refinancing their mortgage, which may prompt the defendant to pay the amount owed.

Case Studies: Exploring the Post-Ruling Legal Process

Case Study 1: The Appeal Process

John, a plaintiff, recently won a personal injury case against a negligent driver. The jury ruled in his favor and awarded him a substantial monetary amount. However, the defendant is dissatisfied with the ruling and decides to appeal the decision.

The case goes to an appellate court, where the court reviews the trial court’s findings and examines whether any errors occurred during the trial. After thorough review, the appellate court affirms the judgment, finding no errors. John’s victory is upheld, and the judgment becomes final.

Case Study 2: Finalizing the Judgment

Samantha, a defendant, successfully defended herself in a contract dispute with a former business partner. The judge ruled in her favor, dismissing all claims against her. As the judgment becomes final, Samantha can breathe a sigh of relief, knowing that no further legal action can be taken against her. She can move forward without any additional liabilities stemming from the case.

Case Study 3: Settling the Judgment

Emily, a plaintiff in a breach of contract case, secured a favorable judgment that includes a substantial monetary award. However, the defendant refuses to comply with the judgment and does not offer to settle the amount owed. Frustrated with the defendant’s unwillingness to pay, Emily pursues execution of the judgment.

She files a request for satisfaction of the judgment with the court, leading to the court issuing a writ of execution. The sheriff or another authorized authority seizes the defendant’s assets, such as bank accounts or personal property, to satisfy the judgment.

Case Study 4: Using Liens on Real Estate

Michael, a plaintiff in a construction dispute, obtained a judgment against a contractor who failed to complete a project as agreed. To ensure the judgment’s satisfaction, Michael’s attorney places a lien on the contractor’s real estate.

The contractor’s property is listed for sale, and when the sale occurs, the proceeds will be used to satisfy the judgment. This lien on the real estate affects the contractor’s ability to refinance their mortgage, putting pressure on them to pay the amount owed.