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.