Legal Question in Civil Litigation in Florida
I was just awarded a judgement in small claims court of $4147. I was calmly reading the instructions given by the court on how to collect a judgement in my county" instructions when I read this -"Here are some basic steps to collect your judgement ASSUMING THAT YOU OBTAINED IT IN PALM BEACH COUNTY (check) SMALL CLAIMS COURT AGAINTS A PERSON LIVES IN THIS COUNTY (no check.) The defendant lives one town over from me, but when all the infractions occurred, we lived together in Palm Beach County. The court refuses to give me any advice and insists I hire a lawyer for advice. Can you help? Thank you. Laura
1 Answer from Attorneys
As you are now becoming painfully aware, obtaining a judgment is not even half the battle when it comes to actually collecting the money the Court has ruled you are entitled to. Where the defendant lives now may be relevant to the judgment collection process, but even more relevant would be whether the defendant is an individual or a business entity, what assets does the defendant own or have a right to receive that are not exempt from collection, and what legal procedures can you employ in order to discover the nature, extent, and location of the defendant's assets, if any, and to utilize your judgment to form a lien against such assets and possibly subject such assets to execution and seizure. I think you would be well advised to consult with an attorney who is experienced in the area of judgment collection so that all the pertinent information can be assessed and a collection strategy developed.
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