Can't get my money!

#1 03-20-2003, 10:23 AM

What is the name of your state? Massachsetts

On April 3, 2001, I was awarded money due to an auto accident. The lawyer for the defendants insurance comapany immidiately appealed. I was told that he had 2 years to either give me my money, or set a date for a jury trial, while being able to collect interest on my money. I have now been told that neither a trial date has been set, & my money, I can not get! How long is the defendants lawyer allowed to keep my money??

Thank you...

#2 03-20-2003, 10:47 AM

Where is your lawyer in all of this??

#3 03-20-2003, 10:54 AM

Quote:

Originally posted by ladyc4
Where is your lawyer in all of this??

He said that he will file a document with the court for demand of payment, or demand another trial, but not to get my hopes up on geting my money. I don't understand how this can happen.

Thanks...

JETX · #4 03-20-2003, 10:59 AM

In addition to C4Lady's valid question, the following:

From your post, you apparently won a judgment for damages from the defendants. The attorney for the defendants filed a notice of appeal.

Your post said, "How long is the defendants lawyer allowed to keep my money?"
*** The defendants attorney does not have 'your money'. In fact, with the notice of appeal, the judgment is not finalized and 'money' has not been paid to the lawyer or anyone else. Simply, by notice of appeal, the case is still ongoing and is now transferred to the appellate court for review..... and possible reversal.

#5 03-20-2003, 11:05 AM

Quote:

Originally posted by JETX
In addition to C4Lady's valid question, the following:

From your post, you apparently won a judgment for damages from the defendants. The attorney for the defendants filed a notice of appeal.

Your post said, "How long is the defendants lawyer allowed to keep my money?"
*** The defendants attorney does not have 'your money'. In fact, with the notice of appeal, the judgment is not finalized and 'money' has not been paid to the lawyer or anyone else. Simply, by notice of appeal, the case is still ongoing and is now transferred to the appellate court for review..... and possible reversal.

OK...I understand now. So it's up to me to put pressure on my attorney to bring about closure?

Thanks...

JETX · #6 03-20-2003, 11:24 AM

"So it's up to me to put pressure on my attorney to bring about closure?"
*** Yes.... sort of. The problem here is that you attorney can try to force the other side to progress their appeal, but he/she really has no legal basis to force them to do so. The defendant has the right to appeal, and the appellate process gives them certain time to do so. As long as they 'follow the rules', pressuring your attorney will do nothing..... since he/she can do nothing.

I would suggest that you talk with your attorney and ask him/her to contact you every 3 weeks or so to get a status report. Since it is basically out of your attorneys hands at this point, don't be surprised if you here a lot of 'nothing has changed' responses.

Some possible benefits of the appeal process:
1) Most states require that the other party post a bond or security with their notice of appeal. If this is required in your state, it will go a long way to assuring your prompt payment in the event that their appeal fails.
2) You still get post-judgment interest during the appeal.

#7 03-20-2003, 11:52 AM

Can you tell me what the time line is for the defendants attorney to pay on the original judgement, or set a date for a jury trial? My understanding was 2 years from the original trial.

Thanks...

JETX · #8 03-20-2003, 12:38 PM

What court was this appealed from??

If small claims, then the appeal process is usually fairly quick. It is usually appealed to a higher court (one 'of record'). There wouldn't be any legal challenges as it would be a trial de novo (brand new trial as if the first never occurred).

However, if this is an appeal from a 'regular' civil court, the process is much more complicated. Once the notice of appeal is filed, the stenographer must provide a copy of the transcript of the trial and pretrial proceedings in the case. This can take months in both state and federal court. Once the transcripts have been obtained, then your lawyer will review the transcripts to determine what errors occurred during the trial. Your lawyer will research the legal grounds for any issues which might be a basis for you to obtain a reverse the judgment, void the judgment or to have it remanded back to the court for a new trial.

For detailed procedures and rules of appeal, see:
[url]http://www.lawlib.state.ma.us/appellate.html[/url]

#9 03-20-2003, 05:21 PM

Dear JETEX,

Thank you so much for your information & time. You are right. This Is NOW what is happening. I will keep you posted!

Thanks...Michael