Legal Question in Personal Injury in California

Collecting on a judgment

4/6/85 Bitten by a pit bull in performance of official duties. 2/27/87 Defendant's lawyer said his client contemplated bankruptcy. Attorney filed for a Default Judgment. 10/21/88 Awarded monetary damages. 4/7/94 Wrote attorney for information. Asked if he had secured a "Judgment Debtor's Statement of Assets." His reply did not answer the question. I had been under the impression that the attorney would take steps that would result in collection. Apparently I had a false impression. He replied that he "typically" did not handle collection of judgments, and that the retainer agreement did not provide for it. He never gave me a copy of the agreement. I wrote that it was my understanding that I had ten years to collect, which could be extended if necessary. He did not answer that question either. He did send information covering fees for additional services. Any chance I can ever collect? How?


Asked on 4/19/98, 2:21 pm

1 Answer from Attorneys
Steven Levy Law Office of Steven R. Levy

Collection of Judgments

See another lawyer RIGHT AWAY. A judgment is only valid for ten years unless properly renewed (a fairlyl simple form and process, but it must be legally precise and correct). Whether or not you can interest a new lawyer in handling collection will depend upon the type of fee arrangement you are looking for, the amount of the judgment (judgments accrue interest at the legal of rate of as much as ten percent per year) and whether or not it looks as though the defendant can pay (i.e. has assets or works). THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A COURTESY ONLY. THIS IS NOT INTENDED TO, AND DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP. YOU SHOULD SEEK THE ADVICE OF AN EXPERIENCED ATTORNEY AS SOON AS YOU HAVE ANY LEGAL QUESTION. DELAY, FAILURE TO ACT, OR IMPROPER ACTS CAN RESULT IN A COMPLETE LOSS OF LEGAL RIGHTS.

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Answered on 5/05/98, 11:43 am


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