Legal Question in Civil Litigation in Louisiana
Recovering Damages
We were awarded damages in a law suit last year and the company has not paid yet. There is talk of an appeal and I am curious about our options if they do take that course.
3 Answers from Attorneys
Re: Recovering Damages
Why hasn't your attorney answered your question? I am sure he charged a percentage to represent you. With that said, with the few facts supplied, the company would have 30 days to perfect a suspensive appeal. If they do that, then the Judgment is suspended until the appeal is over. They have 60 days to file a devolutive appeal. However, if they file a devolutive appeal, then you could begin collection proceedings on the judgment. The 30/60 day period to file their NOTICE OF APPEAL begins to run from the date the NOTICE OF JUDGMENT is sent by the clerk of court. Since you won the case, you were responsible to prepare the Judgment and get it signed by the Judge. If you want, scan and e-mail the Judgment and I can give you some more informed information. You are earning Judicial Interest on your Judgment.
Re: Recovering Damages
Why hasn't your attorney answered your question? I am sure he charged a percentage to represent you. With that said, with the few facts supplied, the company would have 30 days to perfect a suspensive appeal. If they do that, then the Judgment is suspended until the appeal is over. They have 60 days to file a devolutive appeal. However, if they file a devolutive appeal, then you could begin collection proceedings on the judgment. The 30/60 day period to file their NOTICE OF APPEAL begins to run from the date the NOTICE OF JUDGMENT is sent by the clerk of court. Since you won the case, you were responsible to prepare the Judgment and get it signed by the Judge. If you want, scan and e-mail the Judgment and I can give you some more informed information. You are earning Judicial Interest on your Judgment.
Re: Recovering Damages
Why hasn't your attorney answered your question? I am sure he charged a percentage to represent you. With that said, with the few facts supplied, the company would have 30 days to perfect a suspensive appeal. If they do that, then the Judgment is suspended until the appeal is over. They have 60 days to file a devolutive appeal. However, if they file a devolutive appeal, then you could begin collection proceedings on the judgment. The 30/60 day period to file their NOTICE OF APPEAL begins to run from the date the NOTICE OF JUDGMENT is sent by the clerk of court. Since you won the case, you were responsible to prepare the Judgment and get it signed by the Judge. If you want, scan and e-mail the Judgment and I can give you some more informed information. You are earning Judicial Interest on your Judgment.