Non-paid judgement

[Barrelrnr]

In November of 2001, I received a judgement against me in small claims court but due to a divorce and bills I acquired from it, I have not been able to make restitution yet. I re-read the judgement papers and it says interest at 11% per annum, but does not specify a date to have it paid. I heard from a third party today that she ( the one I am supposed to pay) is threatening to go to the sheriff and try to seize some of my property. Can she do that? is there a certain time period that needs to pass first? and lastly-if she can do this, will sending a small payment to show I am trying, stop her from taking anything? I am in Florida

 

[JETX]

Bad news....

Q1) "I re-read the judgement papers and it says interest at 11% per annum, but does not specify a date to have it paid."
A1) That is because the courts don't set a 'payment schedule'. That is up to you and the judgment creditor to establish. But, interest accrues at 11% per year (based on a daily rate) for every day that your judgment isn't paid!!

Q2) "I heard from a third party today that she (the one I am supposed to pay) is threatening to go to the sheriff and try to seize some of my property. Can she do that?"
A2) Without knowing who this 'third party' is, I can't tell whether SHE can do anything, but I can say that the judgment creditor CAN enforce the judgment as provided by law. And this includes having the sheriff serve a 'Writ of Execution' on you and seize any non-exempt property.

Q3) "is there a certain time period that needs to pass first?"
A3) The only time requirement before enforcment is that time allowed by state law for you to appeal the judgment (usually around 30 days). Since this judgment is over a year old, the appeal period has expired and the judgment is enforcable immediately!

Q4) "if she can do this, will sending a small payment to show I am trying, stop her from taking anything?"
A4) Possibly, but not necessarily. Most judgment creditors are only interested in getting paid. And a debtor (you) could contact the creditor and try to negotiate some payment schedule. But, the creditor is under no obligation to accept anything less than immediate payment in full.

 

[Barrelrnr]

First-it has not been over a year. this happened in November so it is a 6 months. "she" is or was a just a friend that sued me for a truck that I was to be selling her ,not a business or anything. She sued me over a vehicle that she never was able to take out of my name and finance on her own, so I took it back. She did not recover the full amount which she was trying to recover which was all the payments she had made on the truck for the six months, but did get a judgement for the repairs to the vehicle, about $400. What procedure would she have to follow to get a writ of execution? what type of asset could they seize?

 

[JETX]

Q1) "First-it has not been over a year. this happened in November so it is a 6 months."
A1) My error. But it makes no difference, the allowed appeal time of 30 days has expired.

Q2) ""she" is or was a just a friend that sued me for a truck that I was to be selling her ,not a business or anything. She sued me over a vehicle that she never was able to take out of my name and finance on her own, so I took it back. She did not recover the full amount which she was trying to recover which was all the payments she had made on the truck for the six months, but did get a judgement for the repairs to the vehicle, about $400."
A2) None of those things matter. The only thing that matters is she has a judgment against you.

Q3) "What procedure would she have to follow to get a writ of execution?"
A3) Ask one from the court for a small fee, and pay a service fee to the sheriff. And guess what, these fees are ADDED to your judgment and collected from you.

Q4) "what type of asset could they seize?"
A4) Click on: http://www.floridalegal.org/pages/debtrghts.htm