Legal Question in Credit and Debt Law in Florida

In small claims mediation, the deft agreed to Stipulation (6pmts over 6 months). 5th payment is 2 weeks late and deft does not respond to emails. Even though this was not a judgment, rather a stipulation, do I file a writ of garnishment next? If so, do I simply submit that form to courthouse to be served? Or do I need to take other steps first?


Asked on 1/11/10, 10:10 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

file a motion for entry of a judgment, then enforce that.

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Answered on 1/18/10, 5:38 pm
Lucreita Becude Lucreita D. Becude, P.A.

send a letter to defendant reminding him that you can file for judgment for lack of payment without any further hearings. This will go on his credit report and then you will go after enforcing the judgment. It might jump start the individual since he only has two payments left.

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Answered on 1/25/10, 8:39 am


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