Out of court agreement

[Pross001]

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

If I make a documented agreement regarding a payment plan, and have it notarized and then have it recorded at the County Document Recorder's office, if this sufficient enough for the agreement to be a potential long term enforced agreement? What I mean by that, if he defaults on the payments, can I still bring this to small claims court in the future?

This issue is in regards to a dog attack, the owner of the dogs wants to assume responsibility for the damages. This attack was also documented with the Sheriff's department and with the County Animal Control. And, the owner wants to settle outside of court.

 

[Zigner]

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

If I make a documented agreement regarding a payment plan, and have it notarized and then have it recorded at the County Document Recorder's office, if this sufficient enough for the agreement to be a potential long term enforced agreement? What I mean by that, if he defaults on the payments, can I still bring this to small claims court in the future?

This issue is in regards to a dog attack, the owner of the dogs wants to assume responsibility for the damages. This attack was also documented with the Sheriff's department and with the County Animal Control. And, the owner wants to settle outside of court.

You don't need to go to all the trouble of sending it to the county for recording. Even the notarization isn't required to make it an enforceable agreement.

 

[latigo]

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

If I make a documented agreement regarding a payment plan, and have it notarized and then have it recorded at the County Document Recorder's office, if this sufficient enough for the agreement to be a potential long term enforced agreement? What I mean by that, if he defaults on the payments, can I still bring this to small claims court in the future? . . . . .

Even assuming that it would enhance your ability to enforce such an agreement in a court of law (which Z aptly notes that wouldn't) it couldn't be accepted for recording. (See:
F. S. 28.222(3)

Obviously you haven't consulted with an attorney as to the preparation of the document and/or the incident giving rise to it. I strongly urge you to do so.

 

[Pross001]

Even assuming that it would enhance your ability to enforce such an agreement in a court of law (which Z aptly notes that wouldn't) it couldn't be accepted for recording. (See:
F. S. 28.222(3)

Obviously you haven't consulted with an attorney as to the preparation of the document and/or the incident giving rise to it. I strongly urge you to do so.

Well, I'm a landlord and every so often I evict someone and if the Judge does a final judgment on the case, I am then awarded on the what the judge considered to be what I am owed on that Judgement. And, my normal procedure, advised by my lawyer friend, is to have that judgment sent the Records office. However, I wasn't sure if that practice is applicable here.

 

[latigo]

Well, I'm a landlord and every so often I evict someone and if the Judge does a final judgment on the case, I am then awarded on the what the judge considered to be what I am owed on that Judgement. And, my normal procedure, advised by my lawyer friend, is to have that judgment sent the Records office. However, I wasn't sure if that practice is applicable here.

I can understand your confusion, but all documents aren't judgments

To clarify a certified copy of a judgment may be recorded with the County Clerk pursuant to F. S. 28.222(3)(c). But the recording doesn't add greater force and affect to the judgment.

What it does, and the reason your attorney friend suggested that your judgments be recorded, is to create a lien against any interest the judgment debtor has or subsequently acquires in real property located within the county.

But you aren't talking about a judgment. You propose to enter into a written agreement in lieu of seeking a judgment for monetary damages. And there is no provision in the Florida Statutes for recording such a document. And again it would be of no value to you anyhow.

Much more important here is that whatever document you prepare be enforceable as a legal contract. And that includes that the guy's promise to make payments to you is supported by adequate consideration.

If I were you, I would give serious thought to just doing a promissory installment note, which to be legally enforced doesn't need to express specific consideration. But talk to your attorney friend. Otherwise, you could end up with some meaningless pages of paper and the statute of limitations having run on the lawsuit.