Legal Question in Personal Injury in Georgia
Collecting a judgement from a bench trial
Is it true that if a Judge in a bench trial awards in your favor a monetary amount, that you will probably never collect said amount? I have been told by my attorney that even if we are awarded damages in our case that we will never see any money. Why bother? And how can this be if a judge determines it?
2 Answers from Attorneys
Re: Collecting a judgement from a bench trial
A decision on filing a suit is two-fold: (1) Can you win? and (2) Is it collectable? If you win a million dollars from a penniless homeless man, where would you collect that from? A courtroom win simply gives you a tool to collect with. It doesn't guarantee anything.
Re: Collecting a judgement from a bench trial
Getting a judgment is the first of a two-step process, the second being collecting the judgement. A judgment is just that; it is not an order to pay, as is the case in, e.g, child support in a divorce. There are several post-judgment avenues open to you, e.g., interrogatories, requesto for production of documents, etc. You should discuss post-judgment procedures with your attorney.
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