Legal Question in Credit and Debt Law in Florida
Garnishment-add't question
David Slater: Thanks for your response. I wanted to answer your question so I used my husband's info. The contract said nothing about a corporation it just said Aqua Vista Pools and Spa. He filed a lawsuit as Aqua Vista Pools and Spas Inc. to enforce his lien rights against us. We counter sued and used the same name since that was what he used on his compaint and the judge dismissed his lawsuit and we won our countersuit. I just can't believe he can get away with this. We've already spent an enormous amount in attorneys fees and don't know how much more we can take. If we file against him personally will we get our attorneys fees and what's the chances that the judge will uphold the first judgement? Thanks.
1 Answer from Attorneys
Re: Garnishment-add't question
Your problem is centered on the enforcement of your judgment and the apparent fraudulent acts of the debtor. You should discuss with you attorney the steps that can be taken to nail down your rights. Note, it may not be economically effective because you will be primarily responsible for your atty's fees and costs. This is so, even if the costs and fees are recoverable from the debtor.