Legal Question in Personal Injury in Alabama
In Dec., 2008, I won a judgment in Tuscaloosa, AL of approximately $150,000 against a company in North Alabama whose truck driver rear-ended my vehicle while traveling at 60+ mph. My attorney at the time made no attempts to collect against this judgment and said that the defendant had no money (although they own a business and physical assets!). My attorney has since died and I want to pursue collecting against this judgment. What do I do next?
2 Answers from Attorneys
You need to make sure that judgment has been recorded, the attorney may have done that. Then you begin post judgment collection...garnishment, post judgment discovery, etc. Give me a call if I can assist, thanks.
You can hire an attorney to try to collect on the judgment. Understand, however, that collection efforts likely will be limited to the entity against which the judgment was obtained. In other words, assuming that all corporate formalities were met, if you obtained a judgment against ABC corporation, then you would have to collect against ABC. Thus, if ABC had no assets against which you could collect, then you would be out of luck - even if ABC was owned by a wealthy individual with lots of assets. You could also file the judgment (lis pendens) in the appropriate probate court.
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