This is the next article in our discussion on civil matters involving sexual assault. Our last article discussed calculating damages in a Texas sexual abuse case. Such matters often involve exemplary damages, in addition to compensatory damages, due to the intentional nature of such torts. An attorney will give you an honest assessment as to the financial value of a claim. Once a judgement is awarded, however, it must be collected upon. This article follows up on that matter by discussing collection. If you are in need of help then contact our office to speak with a Fort Worth sexual abuse lawyer.
Movies and television often show juries awarding large amounts of money to a victim. While this aspect of the legal process makes for good cinema, it ignores the fact that a victim must actually collect that money once a jury has awarded it. In many civil matters, such as those involving car accidents or trucking accidents, collection is not an issue. Such cases typically involve an insurance company simply cutting a check. When there is no applicable insurance coverage, however, the victim is counting on the liable individual or entity to issue payment. Such persons or entities often do not do so and may even try to hide their assets. Fortunately, steps can be taken to secure payment.
Texas allows for the recipients of a jury award to hold what is commonly referred to as a judgement debtor exam. This is also sometimes referred to as post-judgement discovery. This is a process by which a Plaintiff can require a defendant to testify as to the state of their finances. The defendant can be required to provide bank records, business records, titles to houses and cars, and more. This can allow the Plaintiff to determine where the money is so that further collective action (discussed below) can be taken. In many instances the evidence obtained during this discovery will lead to further roads which must be followed in order to obtain the location of the Defendant’s assets. It may be necessary for your attorney to retain a forensic accountant to assist with sorting the various records and determining “where the money is.”
Once the Defendant’s finances have been traced then your attorney may collect on the judgement. If, for example, the defendant owns substantial real estate then your attorney may place a lien on the property and it may be possible to engage in foreclosure proceedings. Investment accounts, bank accounts, and other such assets may also be seized. If a defendant is in a position to pay the amount owed then they will sometimes agree to a settlement in order to avoid the collection process and the possible loss of their assets.
A key aspect to civil claims based on sexual assault is that a defendant will not able to make a case “go away” by filing bankruptcy. While claims based on negligence can often be discharged through the bankruptcy process, intentional torts are not eligible to be wiped away. This means that claims based on sexual assault, and the punitive damages which flow from them, will follow a defendant for the rest of their life. This makes it more likely that one can recover any award they receive.
If you have been the victim of a sexual assault then it is important that you retain an attorney with experience in obtaining judgements and collecting on them. Noteboom – The Law Firm sues sex offenders in our state and we are dedicated to providing our clients with the highest level of representation. If you need assistance then contact us online or by telephone to speak with a Fort Worth sex abuse lawyer. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.