Legal Question in Personal Injury in Florida
I was in a auto accident where the person who hit me, had know insurance. I had to go through the long long process, of taking her to small claims court. The judge issused a 3,300.00 judgement against the person. Her license is suspended until she comes up with the money, and the judgement has been recorded. Is there anyway to tap into her bank account, an or IRS refund? P.S. I think she may sell the id's of all her kids, to get irs money with other people, anyway of getting a piece of that action?
3 Answers from Attorneys
If you know her bank account, you can serve a writ of garnishment to access those funds.
If you know the bank at which the person has an account, you can obtain a writ of garnishment from the clerk's office in the courthouse. You have to give this to the Sheriff's Office and they will deliver it to the bank, which will cause the bank to freeze the account. However, there is a $188 fee to the clerk's offie to obtain the writ of garnishment. If the person has less than that in their bank account, then it would probably not be worthwhile for you to attempt to garnish that account. Similarly, if the person receives a paycheck, you can obtain a writ of garnishment directing the employer to withhold money from their paycheck. However, if the person has minor children, they may be exempt from having their paycheck garnished. Collecting on a judgment can be quite complicated. You may wish to consult with an attorney in your area.
Yes. You can collect on the judgment in a variety of ways. Check the Clerk of Court's website in your county for forms on Garnishment after Judgment. Or, consult with an attorney for legal help. Regards,
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