What procedure does my lawyer need to request?

[Pross001]

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

We just had the judge sign and approve the final judgement for damages against a man that owes me money. What is the procedure that must be done before we have a wage garnishment order sent in? Doesn't the court have to send the defendant a questionnaire regarding his assets? How do we request to have that done?

BTW, this process is new to my lawyer friend. He doesn't normally sue people.

 

[Proserpina]

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

We just had the judge sign and approve the final judgement for damages against a man that owes me money. What is the procedure that must be done before we have a wage garnishment order sent in? Doesn't the court have to send the defendant a questionnaire regarding his assets? How do we request to have that done?

BTW, this process is new to my lawyer friend. He doesn't normally sue people.

If your attorney doesn't know this, s/he has absolutely NO business representing you.

S/he should have actually requested and obtained a writ of garnishment.

 

[latigo]

If your attorney doesn't know this, s/he has absolutely NO business representing you.

S/he should have actually requested and obtained a writ of garnishment.

It would appear that the OP is already aware that some form of writ or "order" is required before a judgment debtor's wages can be seized in a satisfaction of the judgment.

But that is not the question presented. He is asking whether or not he must first pursue "proceedings supplemental to execution" before such a writ can be issued.

And if you cannot respond accurately then you are no more qualified to offer the OP legal advice than his fledging attorney.

 

[latigo]

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

We just had the judge sign and approve the final judgement for damages against a man that owes me money. What is the procedure that must be done before we have a wage garnishment order sent in? Doesn't the court have to send the defendant a questionnaire regarding his assets? How do we request to have that done?

BTW, this process is new to my lawyer friend. He doesn't normally sue people.

No. Proceedings supplemental to execution are not required preliminary to the issuance of a Writ of Garnishment.( See F. S. Section 77 et seq., and Section 56.29)

However the process of garnishing a debtor's earnings or funds on deposit representing earnings is not for the inexperienced. There is much, much more to it than just serving the Writ.

But I see no reason why, if this lawyer of yours managed to get through law school, he could not easily become acquainted with the statutory process.

And curiously at what stage of this attorney/client relationship did you learn that "he doesn't normally sue people". Just what does he "normally" do?

 

[Proserpina]

It would appear that the OP is already aware that some form of writ or "order" is required before a judgment debtor's wages can be seized in a satisfaction of the judgment.

But that is not the question presented. He is asking whether or not he must first pursue "proceedings supplemental to execution" before such a writ can be issued.

And if you cannot respond accurately then you are no more qualified to offer the OP legal advice than his fledging attorney.

Tsk tsk, darling. You know better than that.

How was your Superbowl?

 

[Pross001]

No. Proceedings supplemental to execution are not required preliminary to the issuance of a Writ of Garnishment.( See F. S. Section 77 et seq., and Section 56.29)

However the process of garnishing a debtor's earnings or funds on deposit representing earnings is not for the inexperienced. There is much, much more to it than just serving the Writ.

But I see no reason why, if this lawyer of yours managed to get through law school, he could not easily become acquainted with the statutory process.

And curiously at what stage of this attorney/client relationship did you learn that "he doesn't normally sue people". Just what does he "normally" do?

He's a friend from when we were undergrads, and he does some kind of research work. He said he was willing to take the case for the sake of it being a learning experience. He's looking up what the procedure is on his own. But, I thought I would ask around also.

 

[TigerD]

It isn't worth my time to train you or your attorney in collections procedures, practices, and law. There is reason why the people who do that make a lot a of money. And why 90 percent of all judgments go paid.

Start here: http://nationaljudgment.net/index.php; alternatively, Peter Gilboy in California has a judgment enforcement training package for sale; and there are a couple of other out there. However, most of those are targeted to California law. But it would be a starting point for your attorney.

Study and learn, or hire a pro.

DC