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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.