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Judgement against former friend for DUI rental car damages

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

Hello. I have a former friend whom I allowed to be a secondary driver on a car that I rented a few months ago. While she was driving the car, she received a DUI. In the process of the DUI, the rental company claims that there was a total of $1500 in damages plus loss of use fees (while the car was being repaired) to the vehicle. Upon attempting to collect the money from this person, I am receiving every excuse in the book for not getting paid-back.

That being said, I have been told by a few friends of mine that I can have a judgement placed against her so that she will eventually wind up having to pay the fees (if I understand correctly, if she tries to sell something or gets a job her wages or profit may be garnished by the courts to collect).

Am I correct in assuming that the method of starting this process rolling entails taking her to small claims court? Or, is there another way?

Thanks in advance.
 


racer72

Senior Member
(if I understand correctly, if she tries to sell something or gets a job her wages or profit may be garnished by the courts to collect).
You understand incorrectly. By granting you a judgment, the court is allowing you to do what is necessary to collect the debt. You can garnish wages, sieze real property or attach bank accounts. The courts cannot and will not collect the money for you.

Am I correct in assuming that the method of starting this process rolling entails taking her to small claims court?
Sounds like a plan, Stan.

Or, is there another way?
Depends on your connections. Do you know any big Italian guys looking to make a few quick bucks?
 

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