It was widely reported recently that Apple, the maker of the iPhone, won a lawsuit against its competitor, Samsung, in the amount of more than $1 billion. It is commonly misunderstood that after a party wins a lawsuit, it will automatically receive the money awarded. Often times, however collecting the money from a judgment is even more challenging than winning the lawsuit.
Although there are several ways to collect money on a judgment, in Arizona the most common ways to collect include the garnishment of wages and bank accounts. In garnishing the wages of a person who owes money on a judgment (the judgment debtor), the person collecting the judgment (the judgment creditor) is generally entitled to receive 25% of the judgment debtor’s paycheck until the judgment is paid in full. In garnishing a bank account, the judgment creditor is able to seize nearly all of the money in the judgment debtor’s bank account up to the amount of the judgment.
Although it may sound simple, these processes of garnishing money are not always easy. For example, a judgment creditor does not always know where a judgment debtor works or keeps a bank account to garnish their money. Garnishments are also subject to various legal objections that the judgment debtor might make. Thus, a judgment creditor often discovers that collecting on a judgment is more difficult than winning a lawsuit.
If you have a judgment which you have been unable to collect, an experienced contract and litigation attorney can help you collect on that judgment. Call me today at (480) 833-1113, I have the knowledge and expertise you need to get you back what you are owed!
Attorney Profile: Nathaniel Wadsworth, Contract & Litigation Attorney