Collecting on a judgment can be a complex and challenging process, but with the assistance of our experienced attorneys, it doesn’t have to be. Whether your judgment was obtained by our firm or another law firm, or whether the judgment was a foreign judgment that was domesticated (a judgment from another state that is filed in Florida), we can help you navigate the process to determine if any recovery is possible.
One of the most effective ways to collect on a judgment is through the discovery process. The Florida legal system permits the Plaintiff to bring the defendant in for a post-judgment debtor examination or deposition. The creditor is permitted to subpoena the defendant or defendant’s corporate representative to appear and answer questions or produce documents and information relating to their assets or income sources. A subpoena can be utilized to command the defendant to appear with documents such as tax returns, bank account statements, and vehicle or vessel ownership. We can also subpoena information from third parties such as banks, employers, other creditors, and anyone having knowledge about the debtor’s assets or finances.
In situations where the Defendant is not cooperative, we may be able to file a motion to compel, motion for contempt, order to show causes, and other motions to obtain an order from the court to force the defendant to appear and/or produce documents. The court has the authority to actually issue an arrest order if a defendant continues to disobey a court order to appear.
It’s important to note that the Florida judgment is good for 20 years (however, the lien and execution are shorter periods and must be renewed). This means that there is ample time to collect on the judgment, but it’s important to act quickly and efficiently to maximize the chances of recovery.
In summary, collecting on a judgment can be a complex and challenging process, but with the assistance of our experienced attorneys, it doesn’t have to be. We can help you navigate the discovery process, including subpoenaing the defendant and third parties for information and documents related to their assets or income sources, and filing motions to compel and other court orders if necessary. Contact us today to learn more about how we can help you navigate the discovery process in aid of execution of existing judgments.