Recommendation for a Maritime Attorney

Alaskan Sea-Duction said:

He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.

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ctjstr said:

From your description, you don't have a judgement, just an order of restitution. That can be enforced by the government through coercive means, but you really can't do much on your own.

The issue is more likely a coverage issue, rather than a damage issue. You might call Mike Farnell's firm in Portland. They are licensed in WAshington as well. I've worked with them on coverage issues in the past. they are at 503 222 1812.

The other thing you can do is to pay for an asset search. It may cost a couple hundred, but you'll know if there is property or other items. Given his income, if he has no property easily convertible to cash, its not going to be worth going after him. He's likely to ignore you and try and file chapter 7 to avoid payment. (that chapter 7 will discharge any judgment you get, but will not affect the restitution order. If he's got assets you might higher a lawyer to get the judgment. If not, talk to farnell's office to see if they have some ideas on squeezing coverage out of whatever policies exist.
good luck

to answer some of the other questions posted here: No, you cannot simply take a restitution order and have it become a civil judgment that you can enforce. Different animals. Interest on a judgement in WA is 12 per cent/annum. Typically, in a state court judgement, most restitution orders do not include interest unless referred by the county to a collection agency. (but that's not universal, so worth a call to the clerk's office to confirm). Federal orders do include interest...I think.
If you do get a judgement, its good for 10 years in Washington and then has to be renewed for another ten, or it goes away. Every once in a while, they do pay off. I just got a call from a title company this afternoon asking for a total payoff on a judgment I took for a client 14 years ago.

good luck


toni

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BandB said:

Did your attorney not check out his financial situation prior to the suit? I'd find that always important to know who you're suing and what assets are there. Otherwise, you're suing someone who is judgement proof.

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Alaskan Sea-Duction said:

It was criminal court, not civil.

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