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I won a default judgment against a company but found out my attorney sued the wrong defendant. Is my judgment uncollectible?
Anonymous1 views2 answers
I won my judgment by default because the defendant didn't show up in court. It's been almost 3 years and I have learned that my former attorney sued a car dealer when they should have sued the company that owned the car company. I talked to a collection agency that said the judgment is likely uncollectible because the company can dismiss it if they wanted; also that I can never access their assets due to the incorrect company on the judgment. I have a Fifa--can I still collect by seizing property (cars)? Thanks.
I cannot fully answer your question as to whether your judgment is collectible without more facts. However, I do recommend that you place your judgment with a law firm rather than a collection agency. The collectability of the judgment depends upon what assets the judgment defendant has. Why your attorney in the underlying case chose to sue a particular defendant should have been based upon legal liability rather than collectability, and without knowing any facts to suggest otherwise, I presume he made the correct election. Unless the person from the collection agency advising you that the defendant can have the judgment dismissed is an attorney, it is improper (and probably incorrect) for him or her to make that assertion. You did the right thing at the beginning by hiring an attorney. I recommend that you do so again.
I wouldn't listen to a collection agency second guessing your lawyer about a fi fa any more than I would listen to a shoe salesman second guessing a foot doctor about foot surgery. Talk to your original lawyer or retain a new one.
