Q: Injury on private property, judgment not paid, property sold. Next steps?
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds were withdrawn. The original company owns many properties, and a lien was placed before the sale. However, my lawyer has not discussed any next steps, and I am concerned about recovering my judgment. What are my rights and potential actions I can take now?
A: Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These proceedings will involve significant attorneys fees and court costs, so depending upon the amount of your Judgment, they may not be worth pursuing. An experienced collections attorney can help with these and some may be willing to do a "blended" fee involving a combination of cash up front and a contingency fee. Not very many attorneys do these proceedings. You need a "creditors" collection attorney. The procedures are not easy for someone who is not a lawyer to do. There are no "forms" for this. Many Judges are even not familiar with thse type of proceedings, but the law exists for them. They can put pressure on the Defendant to pay. Good luck.
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