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  #1  
Old 10-27-2008, 11:46 AM
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Lien against future personal injury settlements?


What is the name of your state (only U.S. law)? WI

I have a prior judgement against someone whom is now in a court battle to recieve a personal injury settlement. There is a great likelyhood that this will settle and my debtor will recieve a settlement. I would like to place a lien for my judgement against her future settlement. My judgement is damages from a prior eviction and has nothing to do with the personal injury case to be settled. Can this be done and if so what and whom must I file something with. Any advice would be very much appreciated.
  #2  
Old 10-27-2008, 12:14 PM
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No, for two reasons. One, you cannot lein something which does not exist, and two, the settlement has nothing to do with your judgment.
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  #3  
Old 10-27-2008, 12:22 PM
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I have looked all over for the answer and I understand what you are saying however, I read somewhere about a physicians lien as well as a Notice of a lien? I was hoping to use this approach, (although it is not a physicians lien), but use the same format or direction of filing. I have also heard this call "Asserting a lien on a pending lawsuit. You information and time is very much appreciated. Any thoughts on those two approaches?
  #4  
Old 10-27-2008, 12:35 PM
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You have a slim chance of collecting against the settlement. The first $25,000 is exempt from collection as are all parts related to reimbursement for medical expenses and other out of pocket expenses. Once the settlement is finalized, it is an asset to your debtor and you can serve a writ of garnishment on your debtor's debtor. If the settlement will be less that the 25 grand, fuhgettaboutit.
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