How Can I Collect My Judgment if the Defendant Refuses to Pay?

Have you obtained a favorable verdict in Palm Beach court?   Is the defendant failing to pay up? Do you know how to pursue sanctions? You may want to take a look at a Fourth District Court of Appeals case to learn more.

Collecting a Judgment

• There is a common misconception about collecting 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.
• Well what happens when there is no money?
• The truth of the matter is that a tort or probate judgment is really an unsecured debtwith a rather low priority.
• What happens if the defendant declares bankruptcy?
• That’s right a bankruptcy court can discharge a judgment.
• But what about when the defendant has the money but just will not pay?
• Palm Beach probate lawyers are experienced in collecting a judgment and know that it may be necessary to file liens, and for sanctions.
• Do you know what kind of sanctions you can pursue?

CB Condominiums, Inc. v. GRS South Florida, Inc.

• A post-judgment proceeding was instituted when a plaintiff had to spend a lot of money to pursue a judgment.
• The plaintiff pursued several non-parties to depose them regarding assets of the defendant.
• These non-parties refused to answer so the court held them in contempt and as a sanction ordered that they pay the attorney fees of plaintiff.
• In the end because of a technicality the order was reversed.
• Are you prepared to institute post-judgment proceedings to collect on your Delray Beach judgment?
• Did you know that even as a non-party you may be on the hook for fees?

Want to learn more?

Check out the entire case by clicking here.