Hit and run accident

I was involved in hit-and-run accident, and I managed to get his license plate number. When I filed a police report, I found his address, and filed a lawsuit. I won the case, and judge awarded me $600. Since, the defendant was unemployed, we agreed that he would pay me in installment plan $50 a month. What is the grace period to receive his payment, and what should I do, if he will fail to do that? Thank you.

Asked on June 4, 2009 under Accident Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, it is unclear if were you represented by an attorney or brought this action yourself.  The award should be reduced to a judgement and "entered" (filed) with the court in the County where the lawsuit was brought and where the defendant lives.  If you came to an agreement was it in writing and "so ordered" - or signed - by the Judge in Court the day of the award?  You need to look and see if the order has a date for the payments to start and continue (like starting 30 days after the court date and then the 1st day/15th day of the month thereafter etc), and if the order has anything in it that says that you can act on the award by the judge if the defendant fails to pay (could say something like "upon default judgement will be executed").  The agreement would speak to the rights and obligations of the individual parties.  Without more information it is difficult to answer your question in a definate way.        


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