QUESTION
If my arbitration was successful but the defendants don't have any insurance, how do we get paid?
Asked on Apr 04th, 2014 on Personal Injury - Florida
12 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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If you were in an auto accident and you carried uninsured motorist policy, then you will collect.
Answered on Apr 07th, 2014 at 9:53 AM
That is the 94 dollar question, you probably need to hire a collection agency or a private investigator to see if they have any bank accounts or other property you can execute on.
Answered on Apr 07th, 2014 at 9:53 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You sue the bad guys, hope they have property on which the judgment lien can attach. If they don't, the judgment is good for 10 yrs. Chances are you never will see any money.
Answered on Apr 04th, 2014 at 5:46 PM
Edwin K. Niles
You can file and serve an Order for Appearance of Judgment Debtor (ORAP), and question the defendant about assets, income, etc., so that you can levy execution. Before that, however, you should get an Abstract from the clerk and record it at the County Recorder's.
Answered on Apr 04th, 2014 at 5:45 PM
In Pa, you cannot garnish someone's wages for this type of judgment. You would have to either get to their bank account or have a sheriff or constable sell their personal assets. An attorney can help you do this. Good luck.
Answered on Apr 04th, 2014 at 4:30 PM
Ronald A. Steinberg
If you had uninsured motorist coverage, then your insurance will pay you.
Answered on Apr 04th, 2014 at 1:51 PM
You need to find a good collection lawyer who can find and execute upon assets. Each state has its own laws on what you can get and what types of assets are exempt from collection.
Answered on Apr 04th, 2014 at 12:45 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you had counsel at the arb, you should be asking them. If not, it likely depends on the type of claim, so you'll need counsel to help you figure out the various possibilities of collection. If your claim was vs. a corporation or the like, you would likely collect from their cash accounts, receivables and/or have the authorities levy on their equipment. If it is vs. an individual, you will have to find assets they own and attach/garnish them. If it was for a motor vehicle collision, perhaps you carried Uninsured Motorist coverage that would apply. As you can see, there can be various avenues, so it all depends. I suggest you ask a lawyer who you sit down with and explain more of the details.
Answered on Apr 04th, 2014 at 12:45 PM
James Eugene Hasser
You get paid directly from the defendants.
Answered on Apr 04th, 2014 at 12:45 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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What type of arbitration did you have?
Answered on Apr 04th, 2014 at 10:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to have the arbitration award placed as a judgment, and commence collection action. because there is a liability does not mean that you can collect it.
Answered on Apr 04th, 2014 at 10:47 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Talk with an attorney who specializes in collections. They know how to perfect judgments, create liens and levy on assets.
Answered on Apr 04th, 2014 at 10:45 AM