Legal Question in Credit and Debt Law in Maryland

How do I collect after a default judgement is entered?

I purchased a homeowners policy from an insurance co. I suffered a loss as a result of a burglary. The insurance reps gave me a run around for 34 months. I filed a small claims case and was granted a default judgement. What steps should I take to collect what is owed? The default judgement was signed 40 days ago. Are there time limitations for this type of collection? Am I entitled to any reimbursment for my costs?


Asked on 11/21/03, 6:53 pm

3 Answers from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: How do I collect after a default judgement is entered?

You might want to check with the Maryland insurance administration to see if that company has a bond filed in Maryland -- if it does, you may be able to make a claim against the bond based on your judgment.

Otherwise, you would want to start by sending them "interrogatories in aid of enforcement" to discovery where there bank accounts are in maryland and then garnish them. Once thing you could do would be to check the back of your cancelled premium checks -- if they were deposited to a bank with branches in Maryland -- then get a garnishment writ from district court and serve the bank.

there are other ways too -- how much was your judgment.

go get em!!!

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Answered on 11/21/03, 7:12 pm
Michael Worsham Michael C. Worsham, Esq.

Re: How do I collect after a default judgement is entered?

I am surprised an insurance company would just let a suit go to a default judgment. They may be relying on you not having served them properly. I believe suits against insurance companies must be served on the Maryland Insurance Commission. You should check into this and whether your service was good.

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Answered on 11/21/03, 8:03 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: How do I collect after a default judgement is entered?

Sounds to me like the insurance company may still be breaking the indemnification contract. This is your only action as you cannot bring bad faith against your own insurer. Unfair claims settlement is still viable. Contact an attorney shouild you need assistance. (410) 799-9002

File a complaint with the insurance administrator and also file a case with a court of competent jurisdiction.

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Answered on 11/21/03, 10:15 pm


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