Collecting a Judgment

Collecting a Judgment In West Palm Beach, Florida

I get a lot of calls from people that have done a good job of winning a judgment in small claims court but they don’t know what to do next.  Step 1, obtain a certified copy of your Judgment by going to the Clerk’s office of the courthouse where you won your case.  Step 2, record the Certified copy by going to the Recording Department and having the certified copy appear in the public records.  There is often a small charge for this service.  Your Judgment becomes a lien on the real property owned by the defendant if certain information is included in the document. Step 3, obtain indexing, and docketing the Writ of Execution. For a small fee the Clerk will likely forward the Writ to the Sheriff’s office for indexing and filing.  Next you should write a demand letter to the Defendant to pay up.  If that happens, remember to file a Satisfaction of Judgment to avoid penalties against you.

If you don’t get paid,you can levy on non-protected assets owned by the defendant alone and collect by having the sheriff conduct a public sale. Bear in mind that you may encounter significant hurdles due to Florida’s sweeping debtors’ protection laws.  Can you say OJ?

If you have questions and would like to talk to a personal injury lawyer, call Jeff or Stuart at 561 721-2500.  Or you can call Jeff on his cell phone anytime:  561 801-JEFF.

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