IfI have a judgment against someone and they are subsequently awarded and insurance settlement, canI intercept that settlement in order to get paid?

I’ve got a promissory note coming due, and I will end up going to court to get a judgment. I do not have an attorney, and I am handling this myself in small claims. I’d like to make sure I can collect on the judgment. I know this person has a civil case against an insurance company and the lawyer is confident that they will get a settlement. The settlement will be more than enough to cover the debt. But I don’t think this person will pay me anything out of the settlement if they get their hands on it first. Is there a way for me to intercept the money if I have a judgment against them?

Asked on August 31, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have money currently owed under the promissory note you mention and the debtor refuses to pay on it, then you should file your small claims court action now. If the debt is not owed yet, but will soon be, you need to file with the small claims court as soon as possible to get a court date and hopefully a judgment.

Assuming you get a judgment and the judgment debtor's civil case against the insurance company has not been resolved, you can lien the judgment debtor's civl action against the insurance company concerning any judgment that you may obtain. By liening that other case, all attoneys and the insurance company that is the defendant will be on notice of their obligation to make sure your judgment is satisfied from any settlement proceeds from the other case.

Good luck.


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