Discovery During the Florida Collection Case

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During litigation in Florida, the Plaintiff and Defendant are able to exchange discovery. This is usually accomplished by utilizing any combination of interrogatories, request for production of documents, request for admissions and or taking depositions. In Florida the opposing party has thirty (30) days to respond to discovery requests. In the Florida debt collection process this is a valuable tool to flush out the defendants defenses if any to your Florida collection case. By using a Florida collection lawyer or Florida collection firm, you can make sure that you have all the documents and information you need from the debtor before going to trial.

If you have any further questions regarding the Florida debt collection process or discovery during the Florida debt collection process, feel free to call or email our collection lawyer to answer your questions.

 

Florida Post Judgment Discovery

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In Florida, after a creditor obtains a judgment it can serve post judgment interrogatories in aide-of-execution or choose to subpoena an officer or the person with the most knowledge of the debtor’s finances for  deposition. Depending on the size of the collection matter it may be more cost effective to first send interrogatories. In either case the debtor must provide a full disclosure of its assets including, but not limited to, its bank accounts, automobiles, equipment and or other real and personal property. In Florida if the debtor does not comply with post judgment discovery, a Writ for the Bodily Attachment may be issued by a Florida Judge.

Once the creditor has a full understanding of the debtor’s assets, a determination can be made as to whether or not it would be costs effective to pursue its Florida Collection matter further.

Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff [email protected] to discuss your post judgment debt collection needs.

 

Costs for Starting a Collection Law Suit in Florida

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For  debt collection cases where the balance  due, exclusive of interest and costs, is less than  $15,000.00 we will require costs  in the amount of $425.00 for up to two debtors. For each additional debtor, we would require an additional $50.00 for the sheriff to serve the summons.

For  debt collection cases where the balance  due is in excess of  $15,000.00 we will require costs  in the amount of $525.00 for up to two debtors. For each additional debtor, we would require an additional $50.00 for the sheriff to serve the summons.

Post Judgment, we would require $250.00  for each bank levy we attempted. That cost is for the writ of garnishment and for the sheriff to serve the writ on the bank.

Costs to levy on other personal property would be quoted by the sheriff’s office  on a case by case basis.

Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff [email protected] to discuss your post judgment debt collection needs.

Post Judgment Collection in Florida

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After a Judgment is obtained in Florida there are several different methods to consider to effectively liquidate your judgment. However, as a matter of routine practice a certified copy of the Florida Judgment should be recorded in any Florida county that you believe the debtor may have real property. This will act as a lien against that property. The Judgment should also be recorded with the Florida Department of State, Division of Corporations to secure a judgment lien against the debtor’s personal property.

Our firm will attempt to garnish a debtor’s bank account if that information is available. Surprisingly, many debtors have paid our clients in the past and still use the same bank account. If there is no banking information available, our collection firm will serve a Fact Information Sheet, pursuant to the Florida Rules of Court on the debtor. If the debtor fails to answer the Fact Information Sheet in a timely manner, our law firm can petition the Court to have the debtor appear before the Court and tell the Judge why it has not furnished our firm with the debtor’s financial information. If the debtor fails to appear before the Court, the Judge can order that a Writ of Bodily Attachment be issued. If that occurs, the debtor will be picked up by the Sheriff’s Department and face possible incarceration for failure to comply and appear before the Court.

Our firm may consider other avenues such as bringing in a successor entity or the debtor’s principals for fraudulently transferring its assets to either an insider of the debtor or another closely held entity. We can take a debtor’s post judgment deposition to discover assets. We can also serve a wage garnishment, if we are able to determine a place of employment for the debtor.

There are many things to consider when trying to collect a Judgment in Florida. Please feel free to contact our Florida Collection Firm to discuss your Florida Post Judgment matter. After a review of your case, Mr. Gebeloff will devise a post judgment collection strategy that is appropriate for you.

Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff [email protected] to discuss your post judgment debt collection needs.