How do I get someone to start paying what they are court ordered to pay?

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How do I get someone to start paying what they are court ordered to pay?

I was hit by a car and the driver was ordered to pay for my medical bills. I just received papers in the mail informing me that I’m being sued by the hospital for nonpayment. How do I get him to start paying the money he owes? Can I possibly sell this debt to a collector just to get some money to pay the hospital so I don’t get sued?

Asked on January 3, 2012 under Bankruptcy Law, Kansas

Answers:

Michael Duffy / Duffy Law, LLC

Answered 9 years ago | Contributor

Why are you going after the driver? It should be his insurance company that's paying. Contact his insurance company first. You also should have had a lawyer involved in this, if it was a personal injury case. Your lawyer would usually handle any enforcement of the judgment.

If for some reason you can't go after the insurance company, or you don't have an attorney and have to do it yourself, unfortunately enforcement and collection of a civil judgment is very difficult. You'd have to attach liens to his assets, or depending on your state, garnish his wages. You'd have to first locate his assets, then file papers with the court to enforce the judgment and attach the liens. Often, individuals have few assets and collection can be difficult or impossible. Even if actions are succcessfully taken, if the amount is more than the defendant can afford they  can possibly file for bankruptcy, discharging the debt. It is also for these reasons that few want to buy judgments against individuals, as opposed to insurnace companies or businesses. They're just often extremely difficult and uncertain. 


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