QUESTION
Trying to collect payment of restitution in the death of my daughter
Asked on Apr 01st, 2021 on Collections - North Carolina
More details to this question:
My only child was killed as a passenger in a car with a texting driver on January 19, 2016. On January 23, 2017, the driver took a plea to reckless driving, was sentenced to 12 months unsupervised probation and was ordered to pay me restitution in the amount of my daughter's funeral expenses, $15, 903.96 that was transferred to a civil lien in my favor. The ADA forgot to add the receipt for the grave marker that was an additional $1,950.68 that I had to take the driver to small claims court over. The driver has made no effort to pay me one penny for this restitution. The case was originally in Mecklenburg county in NC and I had it transcribed to Lincoln county, NC where the driver and I both lived at the time in 2017. I have since moved to Carteret county, NC and have excellent reason to believe the driver moved to Waterloo, NY in the summer of 2020. I would like to know what I need to do to be able to pursue getting repayment back from this irresponsible piece of crap.
1 ANSWER
4 Awards
You need to have both judgments (the small claims and the other) transcribed over to the State of New York. Once you are certain of the other party;s location, contact a collections attorney in that county and they can handle everything for you. Incidentally, just transcribing a judgment is not enough to enforce it. Here in NC you have to issue a Notice of Right to claim exemptions and then afterward you request a Writ of execution and the Sheriff will take any non exempt assets. They have wage garnishment in new York, so getting the judgments recorded up there may give you a better chance of getting them collected. You just have to follow though on the judgment enforcement process and don;t just let the judgments sit there.
Answered on Apr 02nd, 2021 at 5:15 AM
This is general legal advice only. You do not have an attorney-client relationship with Attorney Lynn E. Coleman without a signed retainer agreement and payment of any applicable fees.