Legal Question in Credit and Debt Law in Florida
Collecting a judgment
I was awarded a judgment against a doctor. He doesn't own his house and is self employed. Can I attach his bank account, professional assets, etc? Do I have any chance of collecting this judgment? How do I find out what the interest rate is on my judgment. It was ordered in July 1997 and it is over 100K. Thanks.
4 Answers from Attorneys
Re: Collecting a judgment
Prior to enforcing your California judgment, it must first be domesticated in Florida. Once it is a Florida judgment, all the enforcement procedures referred to in earlier responses may be employed. Beware of executing on the partnership interest, you may be the recipient of 'phantom' income. You are best retaining the service of a creditors' rights specialist. If you desire, call me at 305.940.8080.
Re: Collecting a judgment
The interest rate is something you can worry about later. The real question is why did you sit on your hands for five years? It is now 2002, this could provide a defense. There are a number of strategies from sending off a letter with impact, filing a Writ of Execution to reach securities and levy on property, Turnover order, a charging order against any partnerships his is a partner of (they always use these), and a contempt order. The doctor may have some defenses like impossibility or unable to comply. Time was of the essence.
Re: Collecting a judgment
The interest rate is 10% and your judgment is still good. You can execute on any asset you can find. Go to www.nolo.com and get their book on collecting judgments.
Re: Collecting a judgment
If your judgement is in Florida there are many collection methods. It is such a large amount that a attorney would most likely handle it on a contingent fee.
Related Questions & Answers
-
Garnishee. How does one determine head of household? Asked 2/11/02, 1:55 pm in United States Florida Credit, Debt and Collections Law