Estate and Commercial Litigation Judgments & Lawsuit Assignments

Uncategorized • Nov 2, 2016

Have you obtained a favorable verdict in probate or civil court? Is the defendant failing to pay the judgment?What tools can you use to collect a judgment in Florida? How do you collect a judgment if the defendant has no money to pay it or refuses to pay? Do you know how to pursue sanctions? You may want to take a look at a Fourth District Court of Appeal case, MYD Marine Distributor Inc. v. International Paint LTD.

What does it mean to be “judgment proof” in West Palm Beach?
A judgment proof creditor does not care how much money the West Palm Beach jury awarded you because they are not going to pay it.
These parties either have no assets or they are hiding them.
Experienced Palm Beach probate litigators know that it may be possible to set aside “fraudulent transfers” that are designed to avoid creditors, including judgment creditors.
A defendant will fight tooth and nail to keep those transfers from being undone.
That being said, the West Palm Beach courts do not take kindly to those trying to avoid judgments.
What tools can you use to make a party pay the money they owe you?
What can you ask a probate judge to do to compel the defendant to pay up?
Check out this recent case out of the Fourth District Court of Appeal outlining how a Florida attorney can get you paid on that judgment.

MYD Marine Distributor Inc. v. International Paint LTD. and Donavan Marine, Inc.

Here, Donavan prevailed in a lawsuit against MYD.
MYD owed Donavan $550,000 in attorneys fees plus costs.
MYD did not pay so Donavan moved to have MYD turnover certain intangible assets owned by MYD, including its right to pursue a legal action against Lauderdale Marine.
Can Donavan move to take over rights to a pending lawsuit between MYD and a third party?
Yes!
Section 56.29, Florida Statutes (2015) permits seizure of rights in a pending lawsuit.
To read the entire case, click here.