Question from a reader:
I won a civil lawsuit, but the other party is not making the payment. What should I do to enforce the judgment? Do I need to change lawyers and file another lawsuit?

What to Do When You Win a Civil Lawsuit but Don’t Receive Payment! An Explanation of the Enforcement Process

Winning a civil lawsuit but not receiving
payment from the other party can be a very stressful situation. I have had friends who experienced something similar, and it is incredibly frustrating to win a lawsuit yet end up without the money. Therefore, in this article, I would like to explain the enforcement process in detail and discuss how to proceed with it.

Reasons for Non-Payment After Winning

First, let’s consider why the other party may not be making the payment. There are various reasons for non-payment. For example, they may be financially struggling and unable to pay. Alternatively, they might simply be stubborn. It is not uncommon for the other party to feel that “the winner should pay the loser.” When faced with such a situation, the winning party can understandably feel very dissatisfied.

What is Enforcement?

Now, let me briefly explain what enforcement is. Enforcement refers to the process of compelling the other party to make a payment based on a court judgment or settlement. Specifically, it allows for the seizure of the other party’s wages, bank accounts, or assets. Of course, this requires certain procedures to be followed.

Steps in the Enforcement Process

Now, let’s look at the specific steps to carry out enforcement.

1. Obtaining the Enforcement Document

First, you need to obtain an “enforcement document” based on the judgment you received. The enforcement document is a document that makes the judgment enforceable. By receiving this, you can request enforcement from the court. This procedure is relatively simple and usually just requires filing an application with the court.

2. Confirming the Other Party’s Assets

Next, you need to investigate what assets the other party has. This includes bank accounts, real estate, vehicles, and more. However, since the other party may be hiding their assets, it can also be helpful to use a specialized investigation company.

3. Filing for Seizure

Once you have confirmed the assets, you will file a request for seizure with the court. At this time, you need to clearly specify the type and location of the other party’s assets. If this request is granted, the court will carry out the seizure.

4. Implementation of Seizure

Finally, the seizure will be implemented, and the necessary amount will be automatically paid. However, if the other party raises an objection, the process may take longer, so caution is required.

Should You Change Lawyers?

Now, regarding enforcement, you may wonder, “Do I need to change lawyers?” This depends on the case, but I recommend consulting with your current lawyer first. They are likely to have a good understanding of your case and can provide specific advice. If you feel that your current lawyer is not providing sufficient support, it may be a good idea to consult with another lawyer. You might gain new perspectives or approaches.

In Conclusion

Enforcement is a significant step after winning a lawsuit, but it is not an easy path. The procedures can be complex, so solid support is necessary. Through my friend’s experiences, I have realized that many challenges await even after victory. However, by persevering, you can ultimately protect your rights. Just because you won does not mean everything is resolved. In fact, this may be the beginning of the real battle. In my opinion, it is crucial to proceed step by step with a trustworthy lawyer. Let’s actively pursue the enforcement process to protect your rights. And remember, don’t hesitate to consult professionals whenever you are in trouble.