Legal Question in Consumer Law in Florida

Judgement Creditor's Consent Letter?

I was in an auto accident in 8/2000 where a man hit me and was uninsured. I tried to collect damages from him and was unsuccessful so I filed in small claims court and obtained a judgement against him by default (he never showed up) dated 2/23/01. Finall had his license/tag revoked here in Florida until he paid me. Now he is calling me asking for payment arrangements and for me to fill out a Judgement Creditor's Consent Letter in order for his driving privileges to be given back. I am very leary of doing this as I'm afraid since he skipped out for over 2 yrs from his obligation he will do it again. His father is now calling me to get me to accept 100/wk from him for his son! I am feeling very intimidated and would like advice on what should I do? I took his license away to get his attention to this matter and it seems to work. Now that I have leverage he is demanding I accept payments. What would be the legal ramifications if I accepted payments and he defaulted? Would I then have to go back to court?! Now his father is calling saying he's got an attorney that is going to go in front of a judge to make out arrangements. That is ok with me as long as the courts back me up...garnish his wages, etc...Can anyone help me?


Asked on 1/12/03, 9:04 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgement Creditor's Consent Letter?

The proposal is good except that by reducing the judgment to a new agreement, the debt would probably become dischargable in bankruptcy. At this time it probably is not. To proceed in the practical manner reuires you have substantial assurances and guarantees should the debtor default and file for bankruptcy protection.

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Answered on 1/14/03, 10:09 pm


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