Legal Question in Business Law in Florida

Judgment

We were awarded a judgment against a business/individual, however we never received the money nor can we find the person. Question: how often do we need to refile the motion and which court do we do this in? Thank you.


Asked on 2/20/01, 8:35 am

3 Answers from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

Re: Judgment

A judgment, unfortunately, is not self-executing. It is not an order to the defendant to pay you money. It is an order entitling you to collect that amount of money from the defendant. You must initiate the collection efforts, although the legal system does offer various tools to assist you. There is no motion you need to file or refile. The first thing you need to do is track down the defendant, find out where he lives and works, find out what assets he has that might be available to satisfy your judgment, and then initiate the correct enforcement proceedings to obtain those assets. For best results, you should consult and/or retain an attorney who specializes in collection work. I would be happy to assist you. Good luck!

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Answered on 4/03/01, 1:07 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgment

The prior answers are accurate to a point. The judgement is good for 20 years. The judgment lien is valid for 7 years. Obtain a certified copy of the judgment and record it with the clerk of the county in which you obtained the judgment. Too, docket execution with the sheriff. The latter gives you a lien on the debtor's personalty.

If you need further assistance call me.

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Answered on 4/04/01, 9:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Judgment

I would agree with Mr. Verbit, however, I do not feel that he answered one of your questions. A judgment is good for seven (7) years from the date of entry. You should record a certified copy of the judgment with the Clerk of the Circuit Court where the judgment was reached and ANY OTHER CIRCUIT IN FLORIDA where the debtor does business or owns property. The judgment will be good whereever a certified copy is recorded in Florida. If the debtor has business interests outside the State of Florida, you can have the judgment domesticated according to the laws of that state. The judgment then becomes a lien on the debtor's property.

I would suggest that you contact a collections attorney to help you try and collect on this judgment. Often, the attorneys will agree to work on a contingency fee basis meaning that their fee is based on a percentage of what is collected. If no monies are collected, then you are not obligated for any attorney's fee.

Scott R. Jay, Esq., 305-249-8000

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Answered on 4/04/01, 11:32 am


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