Five Things to Consider Before You Sue

Let’s assume for a minute that you’ve gone through your day in court and won! A party that prevails in a civil lawsuit will usually obtain a judgment encompassing the amount of damages it has been determined they should receive from the other party or parties. Once the prevailing party (you, in this case) has this judgment, it is time to collect. Collecting on a legal judgment can be a very difficult predicament. For starters, you should consider the implications of a bankruptcy on your ability to collect a civil judgment. If the party you have prevailed against files for bankruptcy, it could in some cases bar your ability to collect entirely. If the party has the money available, it is possible to garnish accounts or wages and perhaps you will have to expend additional fees to hire a collections attorney in order to effectuate your judgment. Adding even more complexity is the availability of insurance coverage. If an insurance company is involved and it has been determined they must cover the party for whom it has been determined was responsible in some way, your ability to collect on the judgment might significantly increase. And last but not least, if a party is appealing the judgment for any reason, it could also tie up your ability to collect on a judgment. So all of these factors must be considered by your trial attorney in order to best help you evaluate whether you should proceed.