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Nina Erwin

Guest
My husband and I live in North Carolina. He was involved in an accident where the neighbor's rottweillor knocked him off his bike and severely injured my husband. We went to court and won a good settlement; however, we are having a hard time in collecting any money. The other party has no husband, has 4 children, lives in a rented trailor, has no education or job and receives her only money from child support. She lives with a boyfriend and the vehicle is in his name. My attorney is still not quite sure who owns the land she lives on. Is there no hope for us. The settlement was reached in summer 2000. Accident took place November 1998. We are not getting any attention about this matter from our attorney. The person owing the settlement defaulted and never showed up in court and also has never spoken to me about the incident. Are we up the creek, as they say???????
 


I AM ALWAYS LIABLE

Senior Member
Nina Erwin said:
My husband and I live in North Carolina. He was involved in an accident where the neighbor's rottweillor knocked him off his bike and severely injured my husband. We went to court and won a good settlement; however, we are having a hard time in collecting any money. The other party has no husband, has 4 children, lives in a rented trailor, has no education or job and receives her only money from child support. She lives with a boyfriend and the vehicle is in his name. My attorney is still not quite sure who owns the land she lives on. Is there no hope for us. The settlement was reached in summer 2000. Accident took place November 1998. We are not getting any attention about this matter from our attorney. The person owing the settlement defaulted and never showed up in court and also has never spoken to me about the incident. Are we up the creek, as they say???????
My response:

Well, for all intents and purposes, yes - - you're up the proverbial creek without a paddle. Usually, and the way you describe her, she's what's commonly referred to as
"trailer trash", and your chances of seeing any money are slim and none.

A North Carolina judgment is good for 5 years from the date the judgment is ordered. However, if she's lived her life like this, it's doubtful anything will change during those 5 years.

You could, as a last-ditch effort, have her hauled into court for a "Debtor's Hearing", where she'll be compelled to tell you what, if any, property she owns and where it's located, among any other assets.

Sometimes, in the end, that judgment paper that you have turns into wallpaper - - and there's nothing else that can be done.

This is probably why your attorney is doing nothing further on the case; i.e., there's no money in it. And, besides, your attorney completed his job and took a chance on whether or not he'd be paid. Once judgment is rendered, the attorney's job is over - - unless you want to pay extra for collection efforts, as in the above example.

Good luck to you.

IAAL
 

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