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Someone owes me $50,000. He has no assets at all but is about to receive a large sum of money from a lawsuit that is about to get settled. The trial date is June 3rd. He has said all along that he will pay me back from this money. How can I legally ensure that that will really happen?
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If you already have a trial date, ask to go to mediation. The lawyer who mediates the case will be able to write something up for the person to sign that acknowledges the debt, and his agreement to pay you back. You can file it - or "docket" the agreement as a judgment against him and require him to tell you where he will be receiving the money from for the lawsuit, and provide that attorney with a copy of the agreement. You will also be able to put language into the agreement about how you enforce the agreement if he fails to pay. Good luck.
Answered on Apr 30th, 2013 at 3:36 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship