Seized ! Money for your repudiated motor claims …

The firm recently scored success in seizing money from a third party’s bank account.

1. In our previous article “Top 5 Headaches of Workshops & How You Can Avoid Them!”, one headache motor workshops face is over “repudiated claims”, i.e. claims where the Third Party’s insurer disclaims liability under the insurance policy. When the insurer disclaims liability, this means that the claim shall be borne by the Third Party (the tortfeasor) personally. The headache over such “repudiated claims” is whether the Third Party has the means, or the willingness to pay.
2. Since that article was published in September 2021, Leagle Sense LLC have accumulated experience in recovering money directly from the Third Party. The most straightforward approach will be to negotiate with the Third Party, as we would with his insurer (had it not disclaimed liability under the insurance policy). From experience, this approach can work because the Third Party will offer to settle the claim in order to minimize the costs of court proceedings, and to avoid the inconvenience of attending court to defend himself.
3. But towards unresponsive Third Parties who adopt a nonchalant attitude towards being a defendant in a civil suit, a more coercive approach is necessary. Recently, the firm succeeded in seizing money from the bank account belonging to the Third Party (hereinafter, “the Defendant”). This recovery method is known in law as an attachment of a debt due to the Defendant from a non-party (in our case, the bank). A court order was served on the bank. The balance standing to the credit of the Defendant, at the time of service of the order on the bank, will be attached to answer the judgment debt (or part thereof).
4. How did we know the details of the Defendant’s bank account? We obtained the details through an application to examine the Defendant in court on the properties that he owned . Note that this application to examine the Defendant and the application to attach the debt due to the Third Party from the bank are 2 different applications, with the application to examine the Defendant to take place first. Thereafter, if the Defendant has an account with a bank, the Claimant may make an application – which application has to be made fast, ideally with an element of surprise to avoid the account being emptied out – to attach the debt due to the Defendant from the bank.
5. With the money being seized from the Defendant’s bank to answer the judgment debt (or part thereof), the car owner and motor workshop (in our case) can recoup some money back. The key takeaway is that “repudiated claims”, though headache-inducing, are not doomed to fail. If a Defendant refuses to make an offer of an amicable resolution to settle the claim, a Claimant can avail himself of the remedies under the law.

Uploaded on, 07 May 2024