Can I modify a closed case?

[calerands]

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

About 7 months ago I received default judgement in a small claims case in Florida. The judgement is only about 1,500.00 and is against a Florida Real Estate Corporation. The real estate estate corporation was administratively disolved the day after I received my judgment.

If possible I would like to add the broker's name to the judgment so I can go after him personally or even file a claim with the Florida Real Estate Recovery Fund.

Is this possible to do and if so, is it simply a written request submitted to the judge to have the broker added as a defendant?

 

[sandyclaus]

I think you're out of luck...

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

About 7 months ago I received default judgement in a small claims case in Florida. The judgement is only about 1,500.00 and is against a Florida Real Estate Corporation. The real estate estate corporation was administratively disolved the day after I received my judgment.

If possible I would like to add the broker's name to the judgment so I can go after him personally or even file a claim with the Florida Real Estate Recovery Fund.

Is this possible to do and if so, is it simply a written request submitted to the judge to have the broker added as a defendant?

I'm pretty sure that it IS NOT possible to change it now. The broker would have had to be listed as a defendant and given an opportunity to answer/defend his case before the judge before the judgment was entered in your favor.

To add him now after the fact sounds like an afterthought on your part, now that your judgment is uncollectible against the now-defunct real estate corporation. Did you name the corporation only, or did you name the officers in the corporation as well? If you did that, then you could try to collect from them individually now that the corporation is dissolved. Otherwise, you're stuck with a judgment-proof defendant that no longer exists.

 

[HomeGuru]

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

About 7 months ago I received default judgement in a small claims case in Florida. The judgement is only about 1,500.00 and is against a Florida Real Estate Corporation. The real estate estate corporation was administratively disolved the day after I received my judgment.

If possible I would like to add the broker's name to the judgment so I can go after him personally or even file a claim with the Florida Real Estate Recovery Fund.

Is this possible to do and if so, is it simply a written request submitted to the judge to have the broker added as a defendant?

**A: in your complaint you should have listed the broker, indivdually as a Plaintiff. It is too late now. You should file a complaint with the real estate regulatory agency and include the small claims court history as back up.

 

[calerands]

Thanks...

I was afraid that might be the answer. I actually filed a complaint with the real estate commission concurrent with my small claims case. They found no probably cause on my original complaint but ironically enough they found probable cause in his failure to pay the default judgment!

I'm going to go ahead with my claim against the regulatory fund and see where it goes. I've been warned that there are very strict statutory guidelines that must be complied with in order file a sucessful claim. I'll be very detailed and see where it goes.

Thanks again!