Legal Question in Civil Litigation in New York

Re: Payment of Settlement Monies

Sometimes a defendant does not willingly pay on a judgment. Therefore, the best way to help your attorney is to get him information that will allow him to collect the money.

If you find out where the defendant banks, that information maybe used by your attorney to restrain the bank account.

If you find out whether the defendant has corporate vehicles, and the location of the vehicles, that maybe used by the attorney.

If you find out whether the defendant owns real property, not only does a Judgment filed with the County Clerk's office place a lien against the property, you can file a request with the Sheriff to sell the real property to satisfy the Judgment.

Good luck.

Mike.

Re: Payment of Settlement Monies

Supplementing the response you already received which presumes you obtained a judgment - the title of your post says "settlement monies". That is not necessarily a judgment. The question is what do you mean you "won" a lawsuit. If you obtained a judgment, follow what the other attorney's response was. However, if all you have is a stipulation of settlement, you have to carefully read the terms of the settlement. If it provides for payment(s) and the other side has breached the agreement, what remedies are provided for? If it says you are entitled to file a judgment, then that's what must be done. If it does not provide for the filing of a judgment, then your lawyer will have to make a motion to get the case back on in front of a judge to enforce the stipulation. There are a variety of ways cases are settled or resolved. If you can re-post with more specifics, we can give you more specific guidance. Best of luck.