Collecting Judgment

[dolebot]

What is the name of your state (only U.S. law)? Florida

I obtained a judgment because my landlord never returned my security deposit - was a large complex, involved story that doesn't matter here.

Landlord has refused to pay, claims he wasn't served, actually claims that the person who was registered as the person to be served for the company was no longer employed by the company at that time and they never updated it. I have a certificate of service for that person.

I'm looking to collect via bank levy and I have a known account number where I deposited the rent checks.

Kind of clueless on where to start.

My attorney has already denied collecting on it, he would want another $1500 retainer to do this for me. I figured I could give it a go, and if they do something silly than I can hire him again.

 

[dolebot]

Nobody?

The procedure here is to obtain a writ of execution, and ask the sheriff for a bank levy.

To get those you must first "record the judgment". In my case - the county recorder automatically records all judgments. I needed to ensure that it was "certified", and the process is akin to filing a foreign judgment. i.e. obtain a certified copy of the final judgment from the clerk, along with an affidavit as to the last addresses and names of any judgment debtors, and the judgment creditors.

Once its properly and certifiably recorded it acts as a lien against real property in the county.

Next you obtain a writ of execution. In my case it was from the county clerk of courts.

Now take that writ over to the sheriffs office and file appropriate paperwork with the fee.

More to come as it progresses.

 

[JoshDom1898]

Why don't you just garnish the bank account since you have the account number?

I'm sure your local court can give you forms, but in AZ you need to file an Application for Writ of Garnishment with the Court; Get the Writ issued from the Clerk of the Court and serve it on the banking institution along with Request for Hearing; Answer of Garnishee; the Judgment (recorded); Instructions to Garnishee; and the Initial Notice to Judgment debtors.

The Bank has 10 days (that's court days) to Answer your writ, they will tell you how much is in the account.

Take the Answer of the Bank, file it along with a Motion for Judgment Against Garnishee with the Court (submit a proposed form of final judgment). Once the Court signs your judgment against Garnishee, you give that to the Garnishee, they release your money.

Done.

 

[dolebot]

Well thats the goal is to garnish the bank account. As I'm not a lawyer I'm sort of figuring the procedure out as I go. Here in FL, I was under the impression from what I read that the sheriff executes the writ on the bank. I'll see what more I can find.

Thanks for your reply and your input!