You are here

Collecting a judgment when insurance is involved and defendant failed to appear for his own appeal

I have a somewhat complicated question regarding collecting a judgment in small claims court. I won a judgment on 5/21/14 for $1500 for damage done to my vehicle. My insurance company advised me that if I won the judgment the defendant's insurance company would have to pay it. The defendant filed an appeal which was scheduled to be heard 7/22/14 and never showed up (I did). The judge said the original judgment was still on the record and ordered that it stay in effect by default. My basic question is this...since it has been over 30 days since the original judgment is it legal for me to approach the defendant's insurance company and request payment, or do I need to wait 30 days after the appeal date even though he never showed up? The clerk at the courthouse told me as soon as I get the paperwork in the mail saying the judgment was upheld I can go to insurance but I just wanted to verify that this is correct.

Thank you,
Western Mass Plaintiff

Share this with your friends
Talk to a General Law Practiceyer Today
Most offer FREE Consultations
Connect with The Forum
facebook google twitter linkedin