Virginia Beach, VA asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia

Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

2 Lawyer Answers
David Ratz
David Ratz
Answered
  • Newport News, VA
  • Licensed in Virginia

A: Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is against.

Tim Akpinar and Jan F Hoen agree with this answer

Jan F Hoen
Jan F Hoen
Answered
  • Medical Malpractice Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a discount.

It would be a good idea to consult with and retain an attorney to assist you. Someone familiar with creditor's rights and collection proceedings.

Hope this helps.

JFH

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