Legal Question in Civil Litigation in Florida
Court Judgement
I have been to small claims court and have recieved a judgement against someone. I have been told by the clerks office that it is up to me to collect on this judgement. How do I compel someone to pay the judgement?
1 Answer from Attorneys
Re: Court 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 is the easy part of smalls claims 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 judgment debtor to try and discover assets. Chances are, he/she will not be truthful and you may not find any useful information.
Many attorneys have several strategies they employ to collect on judgments. You might like to consult with an attorney to discuss representation in collection of the judgment.
Scott R. Jay, Esq.
Related Questions & Answers
-
Lawsuit how to respond to a summons in writing. Asked 3/28/07, 1:25 am in United States Florida General Civil Litigation