Collecting on a Small Claims Judgment

[calerands]

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

I am co-owner of a Florida LLC and have default judgment for about $1,500.00 against a small Florida Corporation.

How can I collect without hiring an attorney? The corporation owns no property, but there is a bank account that I can garnish. How do i file for a garnishment against their checking account?

 

[erikill]

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

I am co-owner of a Florida LLC and have default judgment for about $1,500.00 against a small Florida Corporation.

How can I collect without hiring an attorney? The corporation owns no property, but there is a bank account that I can garnish. How do i file for a garnishment against their checking account?

What county is the corporation in? You want to take the original judgement to the county that the bank is in and request a regular garnishment. You don't need to know the bank account number, just what bank.

 

[calerands]

Thanks! This is in Bay County and I have already had the judgment recorded. The folks who work in the civil section aren't very helpful, but if I just go to them and request the garnishment you think they will help me from that point?

 

[erikill]

Thanks! This is in Bay County and I have already had the judgment recorded. The folks who work in the civil section aren't very helpful, but if I just go to them and request the garnishment you think they will help me from that point?

Right - just bring your copy of the original judgment and request the regular garnishment.

 

[racer72]

To correct some misinformation you received. You want what is called a writ of garnishment. You will also need the company's bank account information, just knowing the bank is not enough. The bank has no legal obligation to provide you with that information. That info will have to be on the writ of garnishment.

 

[EbayBob]

Hopefully asking a general follow-up question relating to this post is appropriate......

If a Writ of Garnishment is filed, wont the company get notified as part of the filing process and have plenty of time to close out the account(probably not likely since its a corporation, but possible) to avoid it being garnished?

 

[Gail in Georgia]

The garnishee (i.e., the bank) is notified before the defendant and freezes the account.

Gail

 

[calerands]

Thanks for the info from all!

 

[calerands]

One more thing....the corporation I sued is actually a real estate broker. The bank account information that I have for them is for the escrow account that they issed checks to me from when I was doing business with them. Would there be any technical/legal reason that I can't garnish a real estate broker's escrow account?

 

[dcatz]

Would there be any technical/legal reason that I can't garnish a real estate broker's escrow account?

A good reason: the money belongs to third-parties and all are likely to assert superior claims. It’s not likely to be profitable, but you will be busy.

 

[calerands]

Thanks, I'll do more research to see if I can find their regular bank account. I'm open to other suggestions also!

 

[erikill]

To correct some misinformation you received. You want what is called a writ of garnishment. You will also need the company's bank account information, just knowing the bank is not enough. The bank has no legal obligation to provide you with that information. That info will have to be on the writ of garnishment.

I did not check on FL, but in GA you do not need the bank account information, just where they bank. I've seen it occur as well in FL with a friend who knew the bank, not the bank account number. It may be a county by county thing but either way if you have the actual account information that will always make it easier (but it can be tricky to get the bank account info sometimes).