How canI check on a company’s assets regarding a personal injury judgment?

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How canI check on a company’s assets regarding a personal injury judgment?

My husband was in wrecked 5 years ago and we won the case but they say they have no money. How would I find out if they have money. This bus company is operting  and my husband will never walk again.

Asked on November 26, 2011 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not indicate what state you are in: the following process is how you would do this in New Jersey--other states should have similar processes, but they could differ in some details:

In New Jersey, if you have a money judgment against someone, you may serve them with an information subpoena; this is a document requiring them to answer questions regards assets, income, and liability (including bank accounts), and there are penalties, up to imprisonment, which accrue if they do not answer. This is one of the main ways to get information about a judgment debtor.

If you know any banks they used (e.g. from checks or cancelled checks), you could potentially send an information subpoena to the bank to find out what assets at that bank.

If this is an operating bus company, then there is a good chance there have at least some assets--the buses!--you could potentially put liens on or execute against. You could also potentially execute on office equipment or furniture.

If they own any property (e.g. where there office is located), you could put a lien on it.

If the company is a sole proprietorship, not an LLC or corporation, you may be able to recover directly from the owner.

In short, there likely are assets you could use to satisfy your judgment, and ways to obtain more information. There are lawyers who specialize in collecting debts; the best thing to do would be to go to one, and allow him or her to find the money for you. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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