QUESTION
I am owed money under court order by an individual whose personal injury case just settled, how can I discover ONLY the settlement terms for my case?
Asked on Nov 02nd, 2012 on Personal Injury - Pennsylvania
More details to this question:
This person is currently under contempt of court and a contempt hearing has been scheduled for 2 weeks. I have waited 2 years to file contempt due to their insistence on paying me when the case settled. It was a federal court case and the status states CLOSED SETTLED on PACER, yet the person contends the case is still open and they cant pay me yet. The Stipulation for DIsmissal states 'dismissed on the merits and with prejudice'. I am ONLY interested in what they received and under what structure so I can make an informed decision if the need to negotiate arises. Is a subpoena the answer? Could I just ask for a summary of the terms so as not to test any settlement privilege boundaries? I should note that said person is my exwife.
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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If you have a legal judgment against your ex-wife that has been recorded in Court, then you are entitled to engage in discovery in order to attempt to execute on that judgment. Execution procedures can be highly technical and involved, however. I would recommend contacting an attorney for help. If the amount of money that you are owed by your ex-wife is high enough, then you may be able to find an attorney who is willing to represent you in executing on your judgment for a percentage of the money collected.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
Answered on Nov 05th, 2012 at 9:46 AM