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.
Judgment Proof Defendants
- 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.