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DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 460
Experience:  Attorney at Drake Law Firm PLC
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I won a civil judgement against a builder in 2008 not able

Customer Question

I won a civil judgement against a builder in 2008 not able to collect, is it possible to go after their insurance company of record?
Submitted: 6 months ago.
Category: Legal
Expert:  DrakeLAW replied 6 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

You will not be able to recover against the insurance company as far as judgment collection. If anything, the insurance company may have been involved in the lawsuit. Did you obtain a default judgment against the builder? What was the claim for? Insurance is for "protecting" the builder itself. Perhaps more what you are thinking about is a bond. That is what protects third parties. You would seek to recover against the builder's bond. However, same thing, they generally need to be added in the initial lawsuit.

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich

Customer: replied 6 months ago.
it was a default judgement for building flaws it was granted under consumer fraud statues
Customer: replied 6 months ago.
is there any recourse available?
Expert:  DrakeLAW replied 6 months ago.

And the judgment is against the company only, no individuals?

Expert:  DrakeLAW replied 6 months ago.

and the company has gone out of business?

Customer: replied 6 months ago.
they are reformed as a management company
Expert:  DrakeLAW replied 6 months ago.

If they had reformed the company in a different name but still in the same industry/location/owners, you might have been able to go after the new company. But that doesn't sound to be the case. What probably should have happened is seeking fraud against specific individuals of the company back in the initial suit as well as bringing in their bonding company (if they had one). Due to statute of limitations, it is too late now to do that in a separate lawsuit and you cannot go back and amend the prior lawsuit.

I am sorry to say, I believe you do not have any recourse.