Winning Judgment: It Doesn’t End There
According to the National Association of Consumer Advocate, Ira Reingold, even if the court has already issued a judgment that is in favor to the plaintiff, it does not definitely mean that the case is already resolved. Thus, having the judgment on the side of the plaintiff is just the first step in the entire lawsuit process. He also added that even if there is already a judgment, it is still not a guarantee that payment of the settlement will immediately take place. The defendant may tend to appeal the case, and when there is an appeal, there is no possible way for the plaintiff to collect for the settlement. He or she will need more time to wait just like before to get to enjoy the settlement he or she deserves.
Appealing a Case
There are many legal reasons why a judgment can be appealed. One is how significant the case is. An appeal for a judgment also opens many doors about the case. The appeal will cause the case to be opened again, which may give the defendant a chance to win the case. Defendants consider negotiation as a cost effective way to pay court ordered judgment. Reingold also said that there are some rare cases wherein the process becomes personal because the defendant and plaintiff are angry at each other. Thus, this can result to another form of negotiation and talking even after the judgment of the court has been
released.
How Defendants Deal With Judgment
It doesn’t follow that the court has issued a judgment on one’s case that there will be automatic payment to be made to the plaintiff. There are many ways as to how these wise defendants still make the whole process more of a hassle. Defendants don’t just give the payment and leave. They can do things that would delay and leave victims disappointed. Defendants that don’t have funds simply don’t make a payment at all. If they do, then the payment will be really slow.
These defendants can also file for bankruptcy, which will open up a new case in the court if the plaintiff will decide to. The court will then reevaluate the assets of the defendant. The court will also be requiring the defendant to produce its books. Ask how much money they have and what their assets really are. And this is another process to bear. Another waiting that leaves victims no idea how they will get the settlement they truly deserve in the first place.
Defendants can hide their assets to avoid payment of the settlement. If the defendant is proven guilty of not paying the settlement even if he or she can afford but chose to hide his or assets just to make the whole settlement process very slow, the court can order for a sanction. At some point, it can also be a contempt charge.
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.:About the author:.
James Sheridan is the Contracts Manager at Pegasus Legal Funding LLC and is responsible for the final stage of the funding approval process. James focus and priority is delivering to PLF’s clients the funds they need as quickly as possible
Author:James Sheridan