Visitor Question

Neighbor distroyed fence and burned grass, but won’t pay judgement?

Submitted By: Gjyn (Gulfport, MS)

My neighbor burned my grass out of hate and envy. He destroyed my fence and I have all the acts on video camera.

I won a judgement for $1,078.00, but he refuses to pay. He is personally Liable for the payment. Can I sue his Homeowners Insurance because he has not paid me for it? What other legal recourse might I have to get him to pay what he owes? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Gjyn,

Unfortunately, you can’t sue your neighbor’s homeowner’s insurance company. The insurance company didn’t cause the damage, your neighbor did.

You can only sue the person who harmed you. An insurance company only steps in after a claim has been filed against their insured, and then decides to pay the claim or deny it.

Inasmuch as you have already succeeded in a lawsuit against your neighbor and were awarded a judgment in the amount of $1,078.00, you are in the position to record, or “abstract,” the judgment with the Harrison County Recorder’s Department, located at:

1801 23rd St

Gulfport, MS 39501

By abstracting the judgment, along with its accruing interest penalty against your neighbor, the judgment will be available for the public to see, especially anyone in a position to loan your neighbor money, for credit bureaus, mortgage companies, etc. With that judgment abstracted, sooner or later your neighbor may come to you and pay off the judgment.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 13, 2016

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