QUESTION

Is an attorney obligated to notify a third party lien status of the settlement?

Asked on Nov 12th, 2013 on Bankruptcy - Washington
More details to this question:
I have a Judgment against Defendant and have also filed a Judgment Lien Certificate with company, Defendant failed to pay. I found out that Defendant had sued another and filed Writ of Garnishment so I mailed a copy of my Judgment Lien to his attorney, also docketed to case. Recently the Defendant's other case Judgment/Writ of Garnishment was granted. The attorney representing Defendant has failed to respond to my letters. I thought an attorney was obligated to notify a third party lien status of the settlement? Thanks so much for any advice.
Report Abuse

2 ANSWERS

Debt Collection Attorney serving Chicago, IL
2 Awards
I think you would have to serve a citation, not send a letter.
Answered on Nov 14th, 2013 at 4:00 PM

Report Abuse
William M Stoddard
I am unclear if your lien is for any charges associated with the case that was settled. Medical bill liens from a personal injury are addressed and paid from a settlement. If you had a judgment before this claim or even after the claim came into existence, only a court order telling the person holding the money of the person who owes you will be answerable by the attorney who made the settlement for the person who owed you money. Sending a letter to him saying your client owes me money is not enough.? Your judgment is actionable by the court ordering anyone who has money owed to the person who owes you money to turn it over to the court or turn it over to you first before it is given to the person who would otherwise get it.? Holding a judgment only means you have the power of the court to collect if you can find an asset (wages owed, bank account where money is deposited, or claims being paid) which would otherwise go to the person who owes you.? But just finding the asset is not enough,. you have to ask the court to direct the money be paid to you instead of him and attorneys who do not get a court order so directing them will turn it over to their client as soon as possible to avoid being served with just such an order.? And the attorney owes you no allegiance. He will get his client paid if he can before anyone else if the rules are not followed correctly.
Answered on Nov 14th, 2013 at 7:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters