HOW DOES MY NIECE COLLECT FOR A JUDGMENT AWARDED TO HER WHEN SHE WAS A MINOR CHILD?

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HOW DOES MY NIECE COLLECT FOR A JUDGMENT AWARDED TO HER WHEN SHE WAS A MINOR CHILD?

MY SISTER WAS MURDERED OVER 7 YRS AGO. AT THE TIME SHE HAD A MINOR CHILD (MY NIECE) AT THE AGE OF 14. SHE WAS MURDERED BY HER HUSBAND, MY NIECE’S FATHER. THE COURTS AWARDED HER A JUDGMENT IN THE WRONGFUL DEATH LAWSUIT, BUT TO THIS DATE HAS NOT BEEN COLLECTED. HE IS IN PRISON AND DOES RECEIVE A PENSION OF OVER $2,OOO.OO A MONTH. ALTHOUGH A PENSION IS UNATTACHABLE, IS THERE ANY WAY TO HOLD HIM ACCOUNTABLE?

Asked on April 3, 2009 under Accident Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am insure if the pension is unattachable.  You may need to seek the advice of an attorney in your niece's state of residence and in the state wherein the pension was contracted/paid.  The reason I say this is because if your niece can attach the pension, her attorney may need to review conflicts of law laws in order to determine which set of laws would govern her situation.  Further, if any monies attach to the person's bank account and/or if he owns any real estate, she may be able to get a lien on the property.  Now that she is no longer a minor, she should consult an attorney in her state to determine how long she has after reaching the age of majority (18) to collect on her judgment.  Many states offer from 5 to 20 years to collect but she should act quickly if she wants to collect anything.  Try attorneypages.com to find a lawyer in your state who handles such matters.


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