Legal Question in Bankruptcy in Florida

I have a question about debt and judgement.

If you have a judgement put against you for a certain amount of money lets say 10,000. Does the court at that moment in court say you have to pay 10,000 that minute or will the court say you have to pay payments of x amount a month. And if you don't have the lump sum of say 10000 or you can't pay the payments is it considered contempt of court and they put you in jail. My husband and I are on social security. He had a brain aneurysm back in april and couldn't work. Our car was repossed and now we owe a balance plus attornies fee and court fees. We saw a bankrupacy attorney but just don't have the money to pay for one right now. We were sent papers saying there will be a court hearing or whatever its called. I am concerned he will go to jail if he can't pay the payments and know for a fact we don't have a lump sum. thank for your help


Asked on 2/14/14, 5:15 pm

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

The court never says you have to pay the debt immediately, in certain circumstances, it will force the creditor to take what you can afford to pay. We do not imprison people for debt in this country. What happens is that the creditor gets a judgment and has 20 years to collect on it. The husband may have to go to depositions in aid of execution, so the creditor can learn about his assets and income. If he is served with a subpoena for a deposition and he does not show up, a writ of bodily attachment can be entered, and he can be taken to jail until the judge can see him and make arrangements for him to be deposed, to answer question about income and assets.But that is not being imprisoned for debt, it is for contempt of court. The creditor will probably try to resolve the case at the courthouse and try to get an agreement that he pays something per month. Please read any stipulations fully and ask questions. Typically if you miss a payment, they get a judgment.

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Answered on 2/14/14, 6:57 pm


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