Let's say you obtain a judgement for like a million dollars. Does the person you sued have to sell their home and assets to pay you? What if they still owe you money after that?
2006-10-24 13:46:53 · 7 answers · asked by hard17201 2 in Politics & Government ➔ Law & Ethics
My civil procedure lecturers said constantly that you never engage in litigation unless you'll come out better off. So, dont sue a broke person, because they cant pay up even if you win. If you do foolishly sue this person, there are a few ways the court can force them to pay up... garnishing wages and debts, selling their assets etc.
But the court wont order the sale of an asset or garnishment of wages if the result will be that the person can no longer maintain a reasonable standard of living... so you couldn't sell their house if its the only one they have. You also cant garnish wages so much that the person can no longer afford mortgage/rent/bills/groceries.
In other words, you ask yourself whether the defendant will be able to pay what you're asking before you even send them a writ. If they dont have the money, dont sue.
2006-10-24 18:29:00 · answer #1 · answered by dave_eee 3 · 0⤊ 0⤋
You can try to get a Writ of Execution, where the sherrif holds an auction of all their stuff. Problem is that most people don't have much, and those that do "have" stuff you'd find it belongs to someone else, like a trust, or the kids. You can't generally touch the house because of Homestead laws protecting it from process.
2006-10-24 14:03:57 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
You won the case, and after garnishment the person still owe you money then you lose in terms of $$$.
2006-10-24 13:59:45 · answer #3 · answered by dodadz 4 · 0⤊ 0⤋
they garnish the persons wages until the dept is paid. But if the person files bankrupcey there is a chance that you will never see the money.
2006-10-24 13:50:27 · answer #4 · answered by Jewls 2 · 0⤊ 0⤋
NO they dont' have to sell thier homes normally. You have to find the money or garnish thier pay and just try to find some they have
2006-10-24 16:31:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unless he's wealthy or has a great insurance policy you'll never see a dime! Most of his personal assets can be protect with a bankruptcy:(:(:(
2006-10-24 13:57:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you get a moral victory.. and no $$ ...
2006-10-24 13:50:43 · answer #7 · answered by RJ 3 · 0⤊ 0⤋