There is usually not much reason to doubt whether your attorney is telling you about all settlement offers because attorneys are bound to divulge that information to you by a professional code of conduct that they all must follow. The penalties for violating their code can be quite severe.
That in mind, you should very heavily consider the attorney’s recommendation as to whether or not to settle. Your attorney has spent years in law school, and probably years practicing law.
Maybe you were in a car accident and are being sued. Maybe you purchased a large-ticket item, a car or house, and you have defaulted on the payments. The bottom line is, you’re being sued and you don’t have the money to pay.
The lawsuit is not based on whether you can pay—it is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide:
If the court is satisfied there was an agreement -- even outside of court -- then chances are, you won't be able to back out of a settlement. The only way to know whether your settlement agreement is binding is to contact an experienced personal injury attorney. Most are willing to consult about your case for free.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
If the insurance company and your lawyer cannot agree upon the value of your case, it may be necessary to begin a lawsuit. This is also referred to as litigation.
There are several reasons why a case does not settle including the following:
Yes. Many cases settle during the lawsuit process while a small minority of cases have to proceed all the way through trial. It is impossible to predict with certainty when or if any particular case will settle.
After the lawsuit is commenced, your lawyer will contact you about your duties. You will probably have to answer interrogatories and attend a deposition. During litigation it is important for your to do at least the following:
Some contingent fee agreements provide additional percentages if a lawsuit is required. Your attorney will advise of this at the time he or she accepts your case. Litigation is a very time consuming and difficult process.
Interrogatories are questions sent to your lawyer by the lawyer for the defendant. You and your lawyer may be asked to answer a number of questions, usually 30 or more, with various sub-parts. Some of these answers will be prepared by you and some of them will be prepared by your lawyer.
Depositions are very important procedures because a deposition is usually the first time you will actually testify about your case. Depositions take place in the office of one of the lawyers involved in the case.
If you cannot pay the debt, tell the creditor. Keep reminding the creditor during your case. If you are collection proof tell the creditor. Even if you do not have the money to pay the debt, always go to court when you are told to go.
If you lose your case. The judge has already decided that you owe money to the plaintiff. The judge has not decided how you are going to pay the plaintiff back. The creditor has to follow a second step to collect the money you owe. The creditor may have asked for an “ execution ” at the end of your case. If they get an execution from the judge, ...
If they get an execution from the judge, they can “levy on the execution.”. This means it is legal for them to take your property. They will hire a sheriff or a constable. The sheriff or constable will bring you a copy of the execution and take your car or put a lien on your house. If the creditor wants you to pay them money, ...
A creditor or debt collector can win a lawsuit against you even if you are penniless. The lawsuit is not based on whether you can pay—it is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money ...
They can take money out of your paycheck before you get paid. If you are collection proof, the creditor cannot take any of your assets or income even though they have a judgment against you. If some of your stuff or some of your income is protected by exemptions, you need to know what and how much so that you can make sure ...
Only agree to a repayment plan if you really agree. If you do not agree with the amount stated, or you cannot pay back any amount every month, do not agree to a repayment plan. If you have income that is collection proof a court cannot order you to pay back the debt from that income.
If you have lost a lawsuit or someone has received a judgment against you, your position may feel hopeless. Although it is a difficult one, there are always things you can do. Being informed and proactive is the best starting point. Let’s review. Being able to pay is not a factor in whether or not someone can sue you.
If you don’t have the resources to pay a claim or judgment made against you, you are what lawyers refer to as “judgment proof”. This may sound great, but it’s not quite as invincible as it sounds.
If you declare bankruptcy under Chapter 7 of the federal Bankruptcy Code, the right of your creditors to collect from you is cut off [ 2]. Sometimes bankruptcy is something people get forced into, but sometimes it is a smart financial move ...
2. Bank accounts and assets – Your bank accounts are generally the first place a creditor will look to retrieve money for your debts. Retirement accounts such as a 401ks are protected, but checking, savings and investment accounts are all subject to be liquidated to pay such a debt.
Sometimes bankruptcy is something people get forced into, but sometimes it is a smart financial move to protect yourself. Bankruptcy is generally not advised as the response to a singular debt. Consider your total financial snapshot, the scope of relief that bankruptcy offers, and the non-bankruptcy alternatives.
Although it’s not a very wise decision, it is possible to sue someone, even if the person being sued has no valuable assets. However, most people investigate the possibility of collecting from the individual they are considering suing before they go through the time consuming and expensive process of a lawsuit.
Being sued is a scary experience . It can take up a lot of your time and put you in serious financial jeopardy. Our goal in writing this article is to lay out some basic parameters, walk through a few scenarios, and provide good information for people who are being sued, but may not have the money to pay for it.
The parties and the mediator have control of where and when the mediation takes place, who will be present during a mediation, and how the mediation is to be financed; many of the best lawyers do not like to utilize the Arbitration method to litigate their cases.
So, what really happens when a case doesn’t settle at the mediation? This is when everyone involved in the case must be “at the ready”. The experts (doctors, witnesses, psychologists) must be subpoenaed (and have advanced notice of their necessity to appear), depositions must be completed and their documentation in order.
What’s best for one case may not be what’s best for another. The most experienced lawyers know that by staying the course, seeing the case through to the end (to trial if necessary) they can provide a successful outcome for the client.
If nothing is agreed on at the mediation then the case will go to the JCC on the merits. It is possible if you are claiming denial of multiple benefits that they try each benefit claim on the merits seperately (or they could also try them all together).
If you do not settle your entire case at mediation the parties will discuss the current issues in dispute if any. If you are at a state required mediation as opposed to a voluntary private mediation, it is because you filed a Petition for Benefits naming what benefits are currently being denied.
As a general rule, if your case does not settle and proceeds to trial, depends on the facts and issues in your case.
There is usually not much reason to doubt whether your attorney is telling you about all settlement offers because attorneys are bound to divulge that information to you by a professional code of conduct that they all must follow. The penalties for violating their code can be quite severe.
Ultimately, the decision of whether or not to accept a settlement on your claim rests with only you. The attorney is there to represent your wishes to the best of his or her ability. That in mind, you should very heavily consider the attorney’s recommendation as to whether or not to settle.
Your attorney may want to go to trial because the defendant is drastically undervaluing the claim.
Your attorney may want to settle because you have a weak case, or you are not a sympathetic victim. It is incredibly important that the jury feels sympathetic for the victim in a personal injury case. If you attorney feels that this will not happen for you then they will have no interest in going to trial at all.
It’s quite a gamble. In the end, if you cannot agree with your attorney, keep in mind that you always have the right to fire them for any reason. Do not do this out of merely spite. Your attorney will be paid for his or her work anyway.
If your case is weak, your attorney will know this. The attorney may be grateful for the settlement offer that is already on the table. In fact, based on previous cases, your attorney may feel that you have been offered an award far more than what could be expected.
If you have multiple judgments against you, the first judgment has to be collected before the next one can start collecting. Lose a judgment in small claims court to a friend.
Your garnishment order is specific against a particular employer, and if the defendant changes jobs, you will have to find out about it on your own and get a new garnishment order. For monetary assets like savings accounts and such, again, you will have to find them on your own.
Generally speaking, a judgment creditor can execute on the nonexempt assets of a judgment debtor pursuant to the remedies afforded to him under state law. This process usually involves: 1 Attaching nonexempt assets by having a sheriff levy upon them: 2 Placing a judgment lien on real estate & either foreclosing upon the lien or waiting until the property is sold; 3 Garnishing goods, effects or credits due the judgment debtor from a third party (wages, bank accounts, accounts receivable, notes etc);
Continue Reading. If they have no assets and no source of income, you are screwed.
YOu have been awarded the sum in a judgment, the party is liable to pay you the said amount under orders of a judge . If the person is unable to pay you, the person can simply declare bankruptcy under Ch 7 in which case - you cannot do much.
The plaintiff has an incentive to seize large, valuable items that will sell quickly. The defendant has an incentive to pay up to prevent the seizure process, since being paid the surplus on the sale of their car or house or prized sports memorabilia collection is not something they want to experience. Eli Mantel.
Your judgment is good for a set period of time (typically 10 years, but this varies depending on state law) and in some cases, you can have it extended. The procedure for doing this also varies from state to state, but if you’re going to do this, don’t wait until the last minute.
If the judge makes a decision that you do, indeed, owe money to the plaintiff, the next step is for the plaintiff to follow-up with an action to collect the money. The possibilities include garnishing your wages if any, or taking your car or property.
The first thing you should probably do is send a letter to your creditor stating that your situation changed and you just don’t have the money right now to make your payments. A couple of good things can happen from this action.
Creditors can garnish your wages by taking up to 25 percent of your earnings to recover what they lost. Creditors can also go after bank accounts and future assets. If you are a student who will soon graduate and become employed, this could be an example.
There are several prohibitions directed at debt collectors including the following. They cannot call you at home more than twice within seven days, for each debt. They cannot call you at work if you ask them not to call and put that request in a letter to them.
They can visit you once in any 30-day period for each debt unless you give permission for additional visits. They cannot visit your home at any time other than normal waking hours. Collection agents cannot use obscene language or threaten to take you to court if their client does not plan on legal action.
The burden of proof is on your creditor (the plaintiff) who must prove that you owe the debt and must prove the amount of the debt. There is a process of Discovery that allows you to get information from the other side.
Conversely, creditors must identify both the name of the person calling and the name of the creditor they represent. And if you have told the creditor to contact only your attorney, they must do so and not contact you.
If the insurance company knows the attorney will not go to trial or will settle a case to a high frequency, then they will only offer a low amount.
Insurance companies often times profile personal injury attorneys. They have very detailed databases that they use to profile attorneys. Factors such as whether they attorney has a frequency of settling claims or whether they file is recorded. This information is shared by the insurance companies and used as a factor in providing you ...