QUESTION
How do I collect small claims judgement for my auto car accident? Motion is filed or appeal will be made soon. what are my options to get my money
Asked on Aug 17th, 2017 on Civil Litigation - New Jersey
More details to this question:
My car was totaled by someone in Jan 2017 who did not have insurance on that day. They are claiming they did mail a check to insurance but somehow insurance company did not get on time etc. I took her to small claims and got the judgement. I did all the steps for subpoena form and now on last step of arrest of warrant. Defendants lawyer filed a motion to vacate my judgement and judge denied and signed the warrant of arrest in New Brunswick court. Now I heard her lawyer will file another motion or do appeal if needed and will try to merge my case and my auto insurance company's claim as ONE and involve defendant's auto insurance company in the matter. I have small claims judgement so what should I do now, I do not have her bank account or job information. She owns a property I can get statement of document and file in Trenton. Please advise.
1 ANSWER
Anthony Van Zwaren
First of all, if this is a small claims judgment it is for $3,000.00 or under. I don't see an attorney doing an appeal for such a small amount but if they file a motion, but it is always possible the motion may be successful. There is no way to comment about what you may have done or not done with respect to your insurance company and the claim against the other party's insurance, but I presume you did file an insurance claim. If you received payment for your vehicle from your insurance company, then you would not be entitled to "double dipping" with the defendant's judgment. So that might be what the attorney is trying to find out. My advice would be to consult an attorney, but again if it is indeed small claims, this case may wind up in a higher court with the issues that you or the attorney for the side are raising.
Answered on Aug 18th, 2017 at 10:01 AM