Default Judgment Received

[jonpaul42]

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

The defendant (an individual, not a company) did not appear at the small claims hearing and the Judge gave me a default judgment against him. I contacted the defendant about making payment. He responded that he wants me to execute a general release before making the payment.

Is this a reasonable request?What is the name of your state (only U.S. law)?

 

[dcatz]

One assumes that it’s reasonable in his view. Is it required? No. It’s a silly demand that he has no right to make. What is the consideration for the Release? It should be payment but, instead, it’s a promise of payment. What if he defaults on the promise? You can’t undo the Release. You have all the power. Why do anything that might diminish it? Stop the silliness. Offer him a Release in exchange for payment in guaranteed funds. Make it a Mutual Release in case he’s planning on biting you back sometime. If he refuses, enforce the judgment and add back enforcement costs. He’ll come around.

 

[calstatepi]

Judgment Collection

Don't fall for it. You are the one with all of the power. Since you have a judgment, you can seize bank accounts, garnish wages and seize assets.