The mark of successful litigation is not limited to the simple terms of a favorable judgement or ruling, as plaintiffs must often measure their success by the ability to enforce a judgement and the collect on any award or damages that were ordered. However, enforcement is rarely a straightforward matter, and as litigation funders seek to provide added value to their clients, experience and expertise in judgement enforcement will be a valuable asset.
An LFJ Conversation with Michael Kelley, Partner, Parker Poe
The mark of successful litigation is not limited to the simple terms of a favorable judgement or ruling, as plaintiffs must often measure their success by the ability to enforce a judgement and the collect on any award or damages that were ordered. However, enforcement is rarely a straightforward matter, and as litigation funders seek to provide added value to their clients, experience and expertise in judgement enforcement will be a valuable asset.
In a new blog post by Omni Bridgeway, Gabe Bluestone and Jeff Newton emphasize that in the current economic climate, plaintiffs are likely to find it increasingly challenging to enforce judgements and secure the financial awards they are owed. In order to navigate these difficult circumstances, the authors argue that utilizing a funder with a dedicated enforcement team or even seeking specialist enforcement funding will be a useful tool for claimants dealing with resistant debtors.
Bluestone and Newton state that while this should always be considered at the start of any litigation, enforcement expertise and specialist funding can be incredibly useful at any stage of the litigation process. This kind of support can range from enforcement planning that seeks to proactively prevent issues with collection, funding for plaintiffs that are in financial difficulty during the enforcement process, or insolvency funding where debtors take advantage of bankruptcy protections.
