Florida Probate Litigation: How Can I Collect a Judgment When the Defendant Refuses to Pay?

Have you obtained a favorable verdict in Palm Beach court? Is the defendant failing to pay up? What tools can you use to collect a judgment? 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.

Collecting a Judgment in Florida

There is a common misconception about collecting a judgment after a Palm Beach jury verdict.Clients seem to think that, after a verdict is rendered, a sheriff goes and takes a check from the defendant no matter what.What happens when there is no money?The truth of the matter is that a tort or probate judgment is really an unsecured debt with a rather low priority.What happens if the defendant declares bankruptcy?Did you know that a Florida bankruptcy court can discharge a judgment?What about when the defendant has the money but just will not pay?Palm Beach probate lawyers are experienced in collecting judgments and know that it may be necessary to file liens, and for sanctions.Do you know what kind of sanctions you can pursue?How can a trust and estates attorney assist you?

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.