Legal Question in Civil Litigation in Florida

I was awarded a judgment in Broward County. I filed a motion for contempt against the defendant for not filling out the fact information sheet. After the hearing the defendant did send me the fact information sheet but lied on it trying to conceal his assets. I wrote the judge a letter proving this and she sent out an order saying contempt was granted and defendant had 5 days to supply me with a fact information sheet filled out in full or a writ of bodily attachment would be issued. Do I have to do any follow up with the judge or will the writ be filed automatically? Also the defendant owns no real estate property but does have a car, other personal property, a business and bank accounts. What would be the best way to collect?

I have filed a lien with the secretary of state and would be first in line to collect if any other creditor levies his property.

If I hire an attorney to help collect the judgment could their fees be added to the judgement?


Asked on 12/13/13, 6:43 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You would have to submit a Writ to the Judge to sign and then give to Sheriff with his fee.

Unless the judge would add them as a sanction, it is probably too late to seek attorney fees.

Read more
Answered on 12/13/13, 7:42 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You have to file a Motion to Seek the Writ of Bodily Attachment and state the facts including failure to file the fact information sheet. No attorney's fees unless provided by statute or by contract. You can have the sheriff levy on assets you can find, but it is costly. Bank accounts can be garnished if in the name of the judgment debtor. Speak to an attorney.

Read more
Answered on 12/14/13, 4:44 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida