How does all this work?
First, since we are a Law Firm, we do not have to assume your judgment. We would complete a retainer agreement acceptable to you our client, detailing the specifics of our relationship. In most cases, our fee would be a percentage of what we recover for you. There would be no expense to you, in the unlikely event we were not able to enforce the judgment.
Can I recover interest on my unpaid judgment?
Usually, yes. Most judgments include a provision for the payment of interest from the day it was awarded. The present interest rate in Florida is 11%. With interest, your judgment could be worth significantly more than the day it was awarded.
Can you take possession of the Debtor's Personal Property, Real Estate or Vehicle?
Yes, in some cases. This depends on the state where the property is located. An Execution, Levy, or Lein will assist us in this procedure, we will also make use of a few other resources we have, while complying with the Rules of the Court in Florida.
Is there any guarantee that you will be successful?
No. Sometimes there are simply no assets to seize. But you can be sure that we will do our best.
Expenses incurred in enforcing a judgment?
In most cases, the expenses incurred in enforcing the judgment are either added to the judgment and recovered from the judgment debtor, or depending on our agreement, they are deducted from the amount actually recovered.
How long before I will actually see results?
It all depends on the difficulty in locating the judgment debtor and in uncovering his/her assets. Some debtors are pretty adept at hiding their assets. They appear to live without any 'normal' means of support. We will try our best to get results in the first few weeks, but it could take months in a difficult case.
I have a judgment awarded in one state against a debtor who resides in another state. Can you help?
In most cases, yes. Especially if the judgment debtor answered your complaint or made an appearance at your hearing. If the judgment debtor didn't appear, the judgment is called a default judgment which is usually considered a weaker judgment. Each of us has the right to confront our accusers and to defend against any legal claims. So, if the debtor is able to show the court that he was not properly served, or served in the wrong capacity, he can file a motion asking the court to set aside the judgment. Overcoming this hurdle can be one of the most difficult in any enforcement effort. Especially when done across state lines.
Someone owes me money; can you get me the judgment?
Yes.
The Debtor filed for bankruptcy; can you enforce the Judgment?
We will search the court databases for the outcome of bankruptcy. Once we have the information we will discuss your options based on the events of the proceedings.
|
|