In Florida, What Tools Can You Use To Collect a Judgment?

Have you obtained a favorable verdict in a Florida probate or civil court? Is the defendant failing to pay up? What tools can you use to collect a judgment in Palm Beach? How can a litigator help you to collect a judgment if the defendant has no money to pay it or refuses to pay? Do you or your attorney 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 receiving a Florida 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 Palm Beach bankruptcy court can discharge a judgment?
• What about when the defendant has the money but just will not pay?
• Florida 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.