Collecting a Small Claims Judgment

[Zigner]

Thanks very much but ... where's the link? I went back to the old one but that still doesn't work.

PayrollHRGuy's link works: https://dos.myflorida.com/sunbiz/forms/judgment-lien/collect-judgment/

 

[quincy]

The link to the Florida statutes should work.

Here is a link to an overview of Florida’s defamation law, published by the Digital Media Law Project (2014):
http://dmlp.org/legal-guide/florida-defamation-law

Here is a link to Florida consumer protection resources:
https://www.floridabar.org/public/consumer/tip008/

You could file a complaint against the business with the State but I think you want to direct your energies first to collecting on your judgment. If the business has as many judgments against it as you say, there is a chance the owner will be filing for bankruptcy. You want to collect what you can from him before that happens.

Good luck.

 

[NoSpamPlease]

I'm going to ignore your snotty response for a minute. If you don't care if you get sued I certainly don't.

Did you follow and read the link I posted? https://dos.myflorida.com/sunbiz/forms/judgment-lien/collect-judgment/

If your judgment includes both the individual and the two business you can follow what it says against all three.

My snotty response? I didn't see one. How can that thief sue me? All I did was what all the other victims did and that was to give him my merchandise and believe he was going to do what he agreed in writing to do -- pay for it. He lied.

I followed that link but what you apparently have failed to understand is that I am
very sick and while I can still walk and breathe a little, I cannot do much more. Thanks but that link did not help me.

 

[Zigner]

... failed to understand is that I am very sick and while I can still walk and breathe a little, I cannot do much more. Thanks but that link did not help me.

If YOU can't do it, then you're going to need to hire help. As I said at the very beginning, an internet forum is NOT going to help. An internet forum cannot do the legwork for you.

 

[quincy]

My snotty response? I didn't see one. How can that thief sue me? All I did was what all the other victims did and that was to give him my merchandise and believe he was going to do what he agreed in writing to do -- pay for it. He lied.

I followed that link but what you apparently have failed to understand is that I am
very sick and while I can still walk and breathe a little, I cannot do much more. Thanks but that link did not help me.

I am sorry your health is not good. That might be good reason to turn collection over to an agency. They will take a percentage of the amount collected but it could be less money than what you’d have to pay an attorney.

I agree with the others that you should be careful with your words. Although calling the business owner a “thief” could be looked at as a fair opinion based on your experience or perhaps as hyperbole, it is always best to refrain from publicly accusing someone of a crime if the person has not been convicted of a crime.

 

[NoSpamPlease]

The link to the Florida statutes should work.

Here is a link to an overview of Florida’s defamation law, published by the Digital Media Law Project (2014):
http://dmlp.org/legal-guide/florida-defamation-law

Here is a link to Florida consumer protection resources:
https://www.floridabar.org/public/consumer/tip008/

You could file a complaint against the business with the State but I think you want to direct your energies first to collecting on your judgment. If the business has as many judgments against it as you say, there is a chance the owner will be filing for bankruptcy. You want to collect what you can from him before that happens.

Good luck.

Thanks. I did make the state attorney aware of this situation. Not only did I do that but several of his victims did, too.

I was thinking of filing a complaint against his business(es) through the DBPR website. I did that once before when my mom was alive when a business took her money for something and didn't do what they agreed to do and they were slapped with some kind of violation. They immediately called me and resolved the issue. But they only had one name. And I was very healthy back then.

I am aware he might file bankruptcy but I'm not familiar with how that works and haven't felt well enough to look up the info.
I will try to see if my judgment has to be paid or can be included in whatever debts he has to pay off first before / after filing.
Or perhaps that's not how bankruptcy works? I dunno ... but thank you kindly.

 

[quincy]

Thanks. I did make the state attorney aware of this situation. Not only did I do that but several of his victims did, too.

I was thinking of filing a complaint against his business(es) through the DBPR website. I did that once before when my mom was alive when a business took her money for something and didn't do what they agreed to do and they were slapped with some kind of violation. They immediately called me and resolved the issue. But they only had one name. And I was very healthy back then.

I am aware he might file bankruptcy but I'm not familiar with how that works and haven't felt well enough to look up the info.
I will try to see if my judgment has to be paid or can be included in whatever debts he has to pay off first before / after filing.
Or perhaps that's not how bankruptcy works? I dunno ... but thank you kindly.

I appreciate the thanks. Good luck with your collection efforts and best wishes for better health.

 

[NoSpamPlease]

I am sorry your health is not good. That might be good reason to turn collection over to an agency. They will take a percentage of the amount collected but it could be less money than what you’d have to pay an attorney.

I agree with the others that you should be careful with your words. Although calling the business owner a “thief” could be looked at as a fair opinion based on your experience or perhaps as hyperbole, it is always best to refrain from publicly accusing someone of a crime if the person has not been convicted of a crime.

Thanks, you are very kind. I watch Judge Judy every. single. day. lol. When people try to sue for defamation and she asks them for proof and they say the other person called them a LIAR or a THIEF ... Judge Judy says ... "So what? That's the truth!"

Rest assured, everything I have ever said about him is the truth.

I did approach a collection agency/attorney the other day who asked me for $500 up-front -- so he could locate his bank accounts. When I told him I had those account #'s -- he hung up on me.

I was very willing to hear what percentage they would take to collect my judgment ... I don't expect them to collect my judgment for free.

Talking about free things ... I'm the only one I know who does (well, who always did when I was healthy) a tremendous amount of things for lots of people free ... but I don't ever expect anyone to do anything for me for free, even now, under these dire circumstances with my health rapidly deteriorating and time being of the essence.

That said -- I read somewhere that attorneys are asked (or required) to help some clients for free. Is that true?? I'm not talking about Legal Aid. They have already told me they don't handle cases like this.

BTW, in the event of my death I have given the court a document to allow someone else to collect my judgment.

 

[Zigner]

Thanks, you are very kind. I watch Judge Judy every. single. day. lol. When people try to sue for defamation and she asks them for proof and they say the other person called them a LIAR or a THIEF ... Judge Judy says ... "So what? That's the truth!"

Judge Judy ain't real life.

Rest assured, everything I have ever said about him is the truth.

At this point, no, it's not. If he hasn't been convicted of a crime that would indicate that he's a thief, then he's not a thief.

 

[PayrollHRGuy]

My snotty response? I didn't see one. How can that thief sue me? All I did was what all the other victims did and that was to give him my merchandise and believe he was going to do what he agreed in writing to do -- pay for it. He lied.

I followed that link but what you apparently have failed to understand is that I am
very sick and while I can still walk and breathe a little, I cannot do much more. Thanks but that link did not help me.

Yes, snotty. He can sue you if you defame him and he suffers damages as a result. You have won a civil judgment. That is not a criminal conviction for theft.

If you can't do the things listed at that link yourself you are either going to have to hire someone to do them for you or live with not getting any money from him.

 

[quincy]

Thanks, you are very kind. I watch Judge Judy every. single. day. lol. When people try to sue for defamation and she asks them for proof and they say the other person called them a LIAR or a THIEF ... Judge Judy says ... "So what? That's the truth!"

Rest assured, everything I have ever said about him is the truth.

I did approach a collection agency/attorney the other day who asked me for $500 up-front -- so he could locate his bank accounts. When I told him I had those account #'s -- he hung up on me.

I was very willing to hear what percentage they would take to collect my judgment ... I don't expect them to collect my judgment for free.

Talking about free things ... I'm the only one I know who does (well, who always did when I was healthy) a tremendous amount of things for lots of people free ... but I don't ever expect anyone to do anything for me for free, even now, under these dire circumstances with my health rapidly deteriorating and time being of the essence.

That said -- I read somewhere that attorneys are asked (or required) to help some clients for free. Is that true?? I'm not talking about Legal Aid. They have already told me they don't handle cases like this.

BTW, in the event of my death I have given the court a document to allow someone else to collect my judgment.

There are attorneys who offer their services for free (pro bono) and most State Bar organizations encourage their attorneys to commit to a certain number of pro bono hours per year, but I know of no attorney who will do collection work.

Are you a senior citizen, NoSpam? If you are, you could check your state’s senior services to see if an attorney can assist you.

 

[NoSpamPlease]

Judge Judy ain't real life.

At this point, no, it's not. If he hasn't been convicted of a crime that would indicate that he's a thief, then he's not a thief.

***************************************
Judge Judy is a REAL Judge and she also has a TV show. That doesn't make her "not real life".

The crime in these judgments against him (in my opinion ... lol) is that he makes business promises to pay people and takes their merchandise and runs with it to someone and sells it (he told me he resells what he gets) and then he goes back to his store to see what other unsuspecting victims he can steal from.

He can try to sue me ... lol. I am hoping to tell the whole world not to do business with him because he enters into business contracts with people and then does not adhere to them. What he does is ... after he receives people's merchandise and gives them a signed business receipt stating he will pay them the entire amount by *such and such a date* and then he doesn't do that -- and he is sued -- and he loses the suit -- and the victims win -- to ME (at least, if not to you ... lol) that means he is a LIAR and a THIEF.

 

[NoSpamPlease]

There are attorneys who offer their services for free (pro bono) and most State Bar organizations encourage their attorneys to commit to a certain number of pro bono hours per year, but I know of no attorney who will do collection work.

Are you a senior citizen, NoSpam? If you are, you could check your state’s senior services to see if an attorney can assist you.

************
Hi ... yes, I am a disabled senior citizen. I was only looking for advice from an attorney as to how to proceed from here on out. I was not looking for an attorney to go to court for me for free. Although if I were young and healthy and met someone who was in my predicament, and my schedule wasn't full, I would help (file motions online if possible or whatever I could do to help).

I cannot post more (openly) about the senior citizens services ... I am sure they help lots of people. They have never helped me.

 

[quincy]

************
Hi ... yes, I am a disabled senior citizen. I was only looking for advice from an attorney as to how to proceed from here on out. I was not looking for an attorney to go to court for me for free. Although if I were young and healthy and met someone who was in my predicament, and my schedule wasn't full, I would help (file motions online if possible or whatever I could do to help).

I cannot post more (openly) about the senior citizens services ... I am sure they help lots of people. They have never helped me.

I hope you can find the assistance you need. Collecting on a judgment is often far harder than being awarded a judgment, as you are now discovering.

Judge Judy, as a note, is retiring from her TV show.

 

[NoSpamPlease]

I hope you can find the assistance you need. Collecting on a judgment is often far harder than being awarded a judgment, as you are now discovering.

Judge Judy, as a note, is retiring from her TV show.

**********
Thank you. I won a 10-year judgment once against a drunk driver who smashed into and destroyed my beautiful 65 Dodge Dart (slant 6) with his brand new leased Cadillac that he didn't keep the insurance current on --- at the time insurance was not mandatory except on leased vehicles and I did not have it on my car -- but I had him arrested twice after that for not paying me for the damages (or whatever it was, I cannot recall since it was so long ago). Today I have insurance on everything.

This time was different though. Time was of the essence (family member was dying and needed help) and I didn't have time to look this guy up on the Internet to see if there were any judgments against him. I wish I could go back in time. A friend referred me to him and after he did what he did to me she promised to stand by me if I needed her testimony in court and then when it came time for her to be a stand-up-friend, she decided against it. She is no longer my friend but she is doing business with him so ... it was just a no-win situation for me from the start. I just didn't realize it.

As for Judge Judy. I know she is retiring. I didn't like her new hairdo but at least now when I click to watch the program, I know if it's an old show or a new one. lol

I will miss her wit. She certainly knows the law, IMO. Thanks again!