Marietta, GA asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia

Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer regarding my settlement.

I believe that some of the information has changed on the accident report and the defendant stated in court that he no longer lived with his parents. (?) So apparently he has moved. I have a letter of interrogatories that I filed in the Magistrate Court of GA and if I mailed it to the address I have it would go to his parent's home. (I am waiting to mail it)

I also have previous letters from his attorney and I know that the defendant has insurance through Progressive Insurance.

I guess I've done as much detective work as I can from here. I just need to know what to do next? Thanks in advance for any advice.

1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of each specific case. No two cases are ever the same. Each case is unique under its own circumstances. On the one hand, I could suggest you contact the other attorney. BUT, I really can't even tell you that. Contacting the other attorney at this particular moment may wind up damaging your position. We just don't know what to advise given we are not involved in the case and we are, therefore, not familiar with anything.

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