Legal Question in Civil Litigation in Florida

Re: Judgements-Small claims

If you are willing to make payments on the judgment,

the best thing is to negotiate an agreement with

the judgment creditor. If you do not, then the

judgment creditor has the right to go after any

of your non-exempt assets.

Re: Judgements-Small claims

If you have no assets, then the judgment creditor is out of luck. If you have assets, they may be the kind that a judgment creditor cannot touch (like a pension plan protected under section 401 of the tax code). If you earn a salary, but you are the head of household as defined under Florida Statutes, then your wages may be exempt from garnishment by a judgment creditor. There are other exemptions and lawful ways to protect yourself, but you would need to seek the advice of counsel to determine what options, if any, you may have.

If you don't want to seek counsel and you want to pay off the judgment, you are free to enter into a settlement agreement with the judgment creditor that allows you to make installment payments until the debt is paid, assuming the judgment creditor is agreeable to the proposed terms. Generally, creditors prefer to get paid in installments or even a reduced lump sum amount, rather than getting 100% of absolutely nothing. Make sure that once the debt gets paid, that the judgment creditor files and records a satisfaction of the judgment. Good luck.