Legal Question in Civil Litigation in Florida

Received a judgment Forced to settle

Got a judgment for $5,000.00. At a contempt hearing the def. proposed a settlement to keep from being held in contempt re: form 7.343 refusal to complete per order. Proposed 2 things that I didn't agree with. Judge stated he felt incline to ''force'' the settlement which doesn't equal half of the org. FJ. Told the def. to deposit the $2,500.00 into court depository and we were to write release. I don't want to do this, I want to negotiate the terms or pursue the full amount. Def is threatning bankruptcy but to my understanding per a convo with bkrptcy atty can't write it off because it is a marital debt. Can I challenge his ruling and if so, how?


Asked on 2/20/09, 2:14 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Received a judgment Forced to settle

A judge cannot force a settlement agreement, however, money in hand is a strong incentive to settle. It's true that marital debt generally can't be erased in bankruptcy, but it takes an entire other lawsuit in bankruptcy court to prove that the debt is marital.

It's your call, but a bird in the hand...

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Answered on 2/20/09, 4:35 pm


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