Post Judgment Collection Law Firm

Post Judgment Collection

What Can Our Debt  Collection  Attorneys Do  to Collect Your Money After Judgment

After Judgment is obtained and the debtor does not voluntarily   make a payment to satisfy the judgment, there are several options to consider. If you know where the debtor has assets, writs can be issued by the Court giving the Sheriff to seize assets to satisfy or partially satisfy the Judgment. We often ask our clients to keep copies of checks of all payments they may receive from their customers. There may come the day when the customer becomes a debtor and knowing where the debtor banks may lead to successful garnishment of funds in the debtor’s bank to satisfy the judgment.

Judgment collection Law Firm Florida

Judgment collection law firm

If you are uncertain about where the debtor may have assets, the Court allows creditors to conduct post judgment discovery. You have the option of taking the debtor’s deposition or of sending post judgment interrogatories to the debtor. If the debtor fails to respond to post judgment discovery, the Court can assist the creditor in getting the debtor to comply. The debtor must turn over financial information to the creditor. Failure to do so may lead to the Court holding one of the officers of the judgment debtor entity or an individual judgment debtor in contempt of Court.

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Our firm will also use post judgment discovery to determine if money has been fraudulently transferred to a third party or to another entity that may be owned by the either the individual judgment debtor or corporate judgment debtor in an effort to conceal assets from creditors. If so, we can explore the possibility of naming these third parties in a lawsuit as defendants alleging fraudulent transfer

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 [email protected] to discuss your post judgment debt collection needs.