Congratulations! You Won
You have a Florida Judgment for what you are owed
Now What?
5. Let the Games Begin
You have the judgment from Small Claims Court and you know where your debtor’s assets are. It is time to go after the money. Get the court to give you proof of the judgment. The document is sometimes called a writ of garnishment, writ of execution, writ of attachment or abstract of judgment. The name will depend on the state in which the judgment has been awarded and the kinds of assets you will be going after.
Once you have proof of judgment, get the local sheriff to serve the papers. With the banking information of the debtor, such as the exact name on the account and the account number, get the sheriff to serve a bank levy to get your cash. Retirement accounts are untouchable, but all other accounts are in play.
Does the debtor have real estate? A real estate lien can be filed in the county recorder’s office once you have the judgment. You will have to wait until the property is sold before you get any money, which is better than getting nothing at all. Liens can be used as a motivator to make your debtor more cooperative.
Filing a wage garnishment is the easiest way to get your money. If the debtor is employed, you can get 25% of his income until the debt has been repaid. If you know where the debtor works, the sheriff will go to his job and set this up with his employer. There are some constraints, however. If the debtor can prove that his income is required for basic support, the sheriff will not apply the garnishment of the wages. Other restraints vary from state to state. If they are a federal or military employee, on public assistance or have other garnishments already, your garnishment will not apply.
A professional approach is the most effective way to collect on a Small Claims Judgment. A friendly solution is always the best option but if these approaches don’t work be sure to let them know all the steps you are prepared to take. If they are still uncooperative, proceed with any of the steps outlined above to get your money back.
We hope you enjoy this short miniseries on collecting from a Florida Judgment. Should you need legal help, Marcadis Singer, PA dedicate their practice to all things related to getting paid. We can assist you in collecting on your Florida Judgment.
The information contained in this blog series are for informational purposes only and should not be considered legal advice on any subject matter. … You should not act upon this information without consulting legal counsel.