BF2S Forums Anyone have experience in trying to claim money on a Settlement?

Depends, sometimes the state will give you the amount and then he pays the state back, or you will be getting a restitution check or garnishment check for the next 20 years.

I think the state will only pay if its criminal, and be sure he keep his job up to date with the DA's office so you can keep getting your money.

SgtHeihn wrote:

Depends, sometimes the state will give you the amount and then he pays the state back, or you will be getting a restitution check or garnishment check for the next 20 years.

I think the state will only pay if its criminal, and be sure he keep his job up to date with the DA's office so you can keep getting your money.

How much are we talking about?

It obviously depends upon your state laws, but in Virginia where I live I don't believe the state gets involved unless you go through a second "collections" lawsuit ... and, then, I don't believe anything is really enforceable (e.g. pay garnishments) unless the guy has the money to pay you.

My advice would be to work out a payment plan (say 2-5 years) with him that you both sign or agree to, where he would pay you monthly an amount he could afford.  Keep it business-like, mailing him a receipt with each payment, and if he falls behind then send him past-due notices just like a business.

But, expect that he might do it for a month or two and just stop paying.

My guess is that if (a) you had to take him to court to get a judgment and (b) he doesn't have the money to pay anyway, then you are going to have difficulty collecting ... and you might have to set your expectations on just a portion of the total.

I assume you have a lawyer, correct? Ask him??? It's what you're paying the little blood sucker for, isn't it?

CapnNismo wrote:

I assume you have a lawyer, correct? Ask him??? It's what you're paying the little blood sucker for, isn't it?

Lawyers don't work on a contract basis, but an hourly basis or task basis.  A phone call to the lawyer to ask a simple question might cost you an additional $25-50.

Al Bundy wouldn't pay!

CapnNismo wrote:

OrangeHound wrote:

CapnNismo wrote:

I assume you have a lawyer, correct? Ask him??? It's what you're paying the little blood sucker for, isn't it?

Lawyers don't work on a contract basis, but an hourly basis or task basis.  A phone call to the lawyer to ask a simple question might cost you an additional $25-50.

Nonetheless, the lawyer still shows up for court when you show up for court, yes? Therefore, ask him/her the next time you meet for an appointment.

I was assuming small claims ... but, with a judgment amount of $115,000 then there is no question that a lawyer needs to be your advisory source for the collections process (rather than us nimwits here on BF2s).