Been injured in Texas due to someone else’s negligence? Winning a lawsuit is only half the battle. What if the at-fault party can’t pay? Here’s understanding a “judgment proof” defendant:
- Judgment Proof: A Frustrating Reality: A defendant is considered judgment proof if they lack the financial resources or assets to satisfy a court-ordered judgment (money you’re awarded). This means collecting the compensation you deserve becomes difficult.
- Why Does It Matter? Even with a strong case and a favorable judgment, a judgment-proof defendant can leave you empty-handed.
- Signs of a Potentially Judgment-Proof Defendant:
- Limited Income: They might not have a steady job or significant income.
- Lack of Assets: They might own few valuable assets beyond exempt property (like a primary residence).
- Protecting Yourself: While not a foolproof solution, here are some tips:
- Pre-Lawsuit Investigation: An attorney can investigate the defendant’s financial situation to assess judgment-proof risk.
- Strong Case & Negotiation: A compelling case and aggressive negotiation might lead to a settlement before needing a court judgment.
While a judgment-proof defendant presents challenges, an experienced attorney can still fight for your rights. Contact a Texas personal injury attorney Ryan Orsatti today for a free consultation.
