I've recently won a lawsuit. What's my next step?
I've recently won a lawsuit. What's my next step?
Different states have different rules about actually acquiring the money designated to you in a civil judgment, says Veterinary Economics Editorial Advisory Board member Dr. Karl Salzsieder, JD, of Salzsieder Consulting & Legal Services in Kelso, Wash. But here are the basics. A civil judgment means the court has ruled that one party has the right to collect money from the other. If both parties were present in court, the losing party knows the winning party should be paid and should make the payment.
Dr. Karl Salzsieder
"In most cases, of course, there's an adversarial relationship, so the loser probably won't do anything," Salzsieder says. In that case, you will need to go back to court for a writ of garnishment. If the judge grants it, the writ will be set up against the loser's wages or bank account. Your attorney will send the writ—after it's been signed by the judge—to either the employer or the bank. They'll hold a mandated amount of pay or remove money from the loser's bank account and send it to you.
With a writ of garnishment, you'll take the legal matter out of the hands of an unhappy adversary and put it in the hands of responsible institutions. And you'll get your money.