Legal Question in Civil Litigation in Florida

Re: Collection of Settlement

My firm specializes in this area of law, and we practice in your community!! If you need assistance e-mail us at [email protected].

Re: Collection of Judgment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If I could provide a simple answer to that question, I would be a rich man. Getting a judgment (which is what I presume you meant rather than a settlement as stated in your question title) is the "easy part" of any litigation. Collecting on the judgment is the toughest part.

As the first step, you should record a certified copy of the judgment in the public records of your county and any other county where you think this person may have some property or business interests. The judgment will serve as a lien against his/her property if he/she tries to sell.

Second, you can take discovery of the former tenant who is now the judgment debtor to try and discover assets. Chances are, he/she will not be truthful and you may not find any useful information. It is up to you to extract information regarding the location of assets or sources of income that you can levy upon.

Many attorneys have several strategies they employ to collect on judgments. You might like to consult with an attorney to discuss representation in the collection of the judgment.

Scott R. Jay, Esq.