After Judgment – Collecting Money
The following is part five in our eight-part series outlining a basic court case from beginning to end. Previously we covered:
- Meeting With an Attorney for the First Time: What You Can Expect?
- Beginning the Lawsuit through Initial Court Papers
- What is Discovery?
- Court Motions
- What Happens at Trial?
This month will discuss the Judgment and how it is collected.
After Judgment – Collecting Money
If you win a lawsuit for money, the Court will enter a judgment. The Court’s judgment states the amount of money the losing party must pay to you. The losing party against whom the judgment is entered is called the judgment debtor.
In cases where there is insurance to pay the judgment, the insurance company will pay the judgment and the judgment is then considered satisfied. If the insurance company insuring the judgment debtor does not satisfy the judgment and the insurance company was not a named party in the lawsuit, the Florida Statutes allow the insurance company to be added to the judgment. The Florida Statutes provide specific steps to follow to collect the judgment against the insurance company.
In cases where there is insufficient or no insurance to pay the judgment and if the judgment debtor does not pay, you can have the sheriff seize the judgment debtor’s property. The seizing of property by the sheriff is called, a levy. Once the sheriff has levied on the property, the sheriff will then sell the property and pay you out of the money received from the sale. This process is known as, execution. There are several steps that you must take to properly execute and levy on a judgment. These steps may be downloaded from www.sunbiz.org. (In the “Our Site Index” box, scroll down to Judgment Lien Help.)
Note: This material is provided for informational purposes only and should not be taken as formal legal advice.
Council Wooten, Jr. Chosen One of Florida’s Legal Elite
Mr. Wooten, managing partner at Wooten, Kimbrough and Normand, has been selected to be included in Florida Trend magazine’s special report called 2007 Florida Legal Elite. He was selected in the Civil Trial Court practice area due to his experience in the area.
According to Florida Trend, “the selection process is a rigorous one. It began with notifying and inviting members of the Florida Bar to participate in balloting by providing the name of Florida attorneys they hold in the highest regard – attorneys they have worked with personally or recommended to others. Nominators were allowed to cast only one ballot and could not vote for themselves. The votes were tallied by an independent research firm, and a Blue Ribbon Panel of prominent lawyers reviewed the list of attorneys who garnered the most votes.”
This is the second recognition for Mr. Wooten for the year 2007 and we wish to congratulate him for being recognized for his accomplishments and his legal expertise.
Firm Highlights
5 Year Service Awards
Janice Bennett – assistant to Cindy G. Duque
New Hires:
Justin Starks – firm runner
If you would like to speak with an Orlando personal injury attorney, please contact our law firm now.