How long typical for judgment to be paid by E and O insurance

[John Zong]

Jurisdiction

California

Hello. Judgment was entered in my favor as Plaintiff recently and the defendant's case was managed and paid for through their EO carrier. Assuming the carrier won't appeal, and interest is accruing on day one, what is the typical delay before an EO carrier will get their act together and actually deliver certified funds to my lawyer's office? I read in some articles the payment is due immediately and judgment debtors always make immediate arranges to pay asap, to avoid seizures and liens.
But I've been told by word of mouth that there are internal business processes for the carrier to pay this for them to qualify it as a tax deductible loss, and it could be up to a month or more.
When shall I obtain a Writ of Execution and start playing hardball? Thank you.

 

[army judge]

You have a lawyer, be smart and ask your lawyer.

Keep blabbing and bad things could happen, criminal acts.

Keep your business private, consult with your lawyer, be patient.

 

[John Zong]

Understood. Good advice . . . .

I've modified my original post significantly.

I just want to know how long to wait before taking further action.

My lawyer already said he has no experience with my question and does not seem interested to research it.

 

[adjusterjack]

A judgment doesn't generally become enforceable until after the deadline for an appeal.

Then it's anybody's guess as to how long any insurance company's internal processes take to issue the check. There are thousands of insurance companies and they are all run differently.

What was the date of the judgment and how much was it for?

 

[hrforme]

there is no "always".....

 

[John Zong]

Judgment entered 6 to 8 days ago. Judgement award was for full purchase price of an median priced home in CA.

So how long would you wait before taking action to enforce the judgment. I would be taking seizure action against the defendants personal and business properties, even though it may be the EO insurance carrier who is slow to pay.

Not anxious, just want to know what is a reasonable time, so I don't need to keep wondering about it, and telling my wife I have no clue what to expect, or when to start doing something.

 

[hrforme]

I wouldn't count any chickens before they hatch and are in your hand for an award that large. I would expect them to appeal.

Your attorney should be giving you direct advice on when to do what to get the proceeds of the award from them.

 

[adjusterjack]

Judgment entered 6 to 8 days ago. Judgement award was for full purchase price of an median priced home in CA.

Appeal deadlines are typically 20 or 30 days after the judgment is entered. Your lawyer should be able to tell you what the deadline is under your court rules.

After that, there's no reason why you shouldn't receive your check in a week or two.

So how long would you wait before taking action to enforce the judgment.

Wouldn't do you a bit of good to know what I would do.

I would be taking seizure action against the defendants personal and business properties, even though it may be the EO insurance carrier who is slow to pay.

Keep in mind that the defendant could have quite a bit allowable exemptions and enforcing a judgment could be quite costly and time consuming.

Can't imagine why your lawyer isn't interested unless he wasn't working on contingency and has already been paid for his work.

At any rate once the appeal deadline passes all it should take is a phone call or two to find out when the check is coming.

 

[army judge]

An appeal in CA can take months, often years to be heard, then months before a decision is forthcoming.

The larger the award, the more likely an appeal will be filed.

 

[John Zong]

An appeal in CA can take months, often years to be heard, then months before a decision is forthcoming.

The larger the award, the more likely an appeal will be filed.

I understand.
But it seems one can't appeal unless there is a specific error the losing party could back up with their objection on the record during the trial or pretrial, rather than after the verdict. For the most part, the judge sustained the defense's every objection and overruled my counsel's objections. I was a bit incensed that all of the defense's intended evidence was entered and several of my important evidence items were limine'd out. Then, our objection to the judge's contradictory jury instructions were overruled but the jury kept sending questions about it until the judge finally conceded to our objection, yet it already caused the kind of confusion favorable to the defense. Still, when polled, there was 12 out of 12 juror agreement on 14 counts of the verdict, and 11 of 12 on only one count. That's 179 out of 180 votes, and the award was 100% of the claim.
Its pretty evident there were trial errors, but they were all in favor of the defense, so in terms of their ability to appeal . . .
I can't help but think if the defense has gotten their way during pretrial and jury trial, and a condition of an appeal action is to have previously pointed out an error through an objection or a motion on record, it would seem difficult to sustain an appeal beyond the first hearing. I could be wrong and I'm here to learn.

 

[John Zong]

Appeal deadlines are typically 20 or 30 days after the judgment is entered. Your lawyer should be able to tell you what the deadline is under your court rules.

After that, there's no reason why you shouldn't receive your check in a week or two.



Wouldn't do you a bit of good to know what I would do.



Keep in mind that the defendant could have quite a bit allowable exemptions and enforcing a judgment could be quite costly and time consuming.

Can't imagine why your lawyer isn't interested unless he wasn't working on contingency and has already been paid for his work.

At any rate once the appeal deadline passes all it should take is a phone call or two to find out when the check is coming.

Thank you for your advice AdjusterJack

 

[army judge]

Appeals are often used to delay the thing the losing party wishes to prevent, in most civil matters that I spaying someone a sum of money.

Appeals can't be a trial de novo, but the parties involved in your issue aren't novices.

Sadly, an appeal can be used to stall the eventual payout, under the guise of certain procedural errors.

You'll never know, as either party has the right to appeal.

The bets thing you can do is live your life, but don't count any chickens until your eggs are hatched.

If you're relying on the award to do X, Y, and Z; forget it.

There are plenty other things you can do instead.

I once told a client that if he knew he was to be paid in seven days, yet he knew he would die in four, the award no longer mattered.

I suggest that you, mate, simply live your life without anticipating anything until it occurs.

Why?

This is not in your control, never was, never will be, until the check has been deposited in your bank and the funds collected.

Translation, until the funds are securely under your control, this is all speculation.

 

[adjusterjack]

But it seems one can't appeal unless there is a specific error the losing party could back up with their objection on the record during the trial or pretrial, rather than after the verdict.

Never say "can't."

You may think that the defendant has no grounds for appeal but you don't get to decide that, the appellate court does.

At this point I suggest you stop wasting your time (and ours) by anticipating trouble where none may exist.

If you don't get your money in a couple of months you are welcome to come back to this thread for additional discussion.

 

[John Zong]

If you don't get your money in a couple of months you are welcome to come back to this thread for additional discussion.

If you compare your last sentence and the title of my thread - this was really all I was asking for.

I don't anticipate any problems and don't have any plans for the money yet, but want to know when is a reasonable time to start taking action by asking questions. .

Thank you AdjusterJack for providing the time frame I was seeking. Thanks also to Army Judge - this thread should be considered closed.