Collecting Out of State Judgments

If you are trying to collect money on an out of state judgment, Florida Courts will give out of state Judgments Full Faith and Credit, recognizing them as if they were entered by a Florida Court. To effectuate collection on your out of State Judgment, you will need to first record the Judgment. The clerk will give the debtor thirty (30) days to contest the validity of the Judgment. Typically the most common defense is the foreign court did not have proper personal jurisdiction over the debtor.

After the thirty (30) days have elapsed, creditors will be in a position to begin proceedings to collect their money. Our Florida Judgment Collection Law Firm and Collection Attorney are here to assist creditors collect their out of state judgments.

If you have any further questions regarding the Florida debt collection process, collecting on out of state judgments or the  Florida debt collection process, feel free to call or email our collection lawyer to answer your questions.


Florida Post Judgment Discovery

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 to discuss your post judgment debt collection needs.


Post Judgment Collection in Florida

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 to discuss your post judgment debt collection needs.